Jurisdiction of CTM Court in Spain

The Spanish Government under the Community Trade Mark Regulation designated the Commercial Courts of Alicante as the CTM Court of First Instance and the Court of Appeal of Alicante as the CTM Tribunal, a second instance court that hears appeals of decisions issued by the Court of First Instance. Together, the first and second instances constitute the CTM courts which has jurisdiction to hear actions relating to Community Trademark infringement as well as enforcement not only in Spain but also CTM disputes between parties outside the European Union. Following are the jurisdiction of the CTM courts:

The CTM Court is competent for (a) all infringement actions relating to community trade marks; (b) declaration of non-infringement; (c)counteclaims for revocation or for a declaration of invalidity of the community trade mark and (d) certain actions founded on national law can be hyeard by the CTM courts together with the main action seeking a remedy against CTM infringement.
The CTM courts have jurisdiction to hear an action that seeks the invalidation of a licence contract in order to stop the infringement of a community trade mark
The courts have jurisdiction to hear, in addition to the main action regarding a CTM infringement, a claim seeking the invalidation of the effects in Spain of an international trademark registered before the CTM at issue.
The CTM courts can award damages to the right owner which could be 1% of the infringer’s turnover generated through commercialization of the products or services bearing the infringed trademark.

Besides the CTM Courts also act as the Community Design Court for the legal protection of industrial designs.

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