Trademark intervention application
General Details
Name
Trademark intervention application
Procedure type
Taxation
Subject
Customs
Purpose
Procedure for authorising intervention applications by customs authorities in cases of possible infringement of industrial and intellectual property rights.
Responsible body
State Revenue Office
General information on the procedure
Starting method
Interested party
Applicant: Citizen-Company
Place for presentation
Online.
Offices of the Tax Agency.
Documentation
The form approved by Community regulations shall be followed (Appendix II of Commission Regulation (EC) No. 1891/2004).
Process/service phases
Start: Filing the application
Procedure: verification of fulfilment of the requirements in each case, both formal and material, in order to grant the authorisation.
End: granting or denial of the intervention.
Forms
Resolution deadline
30 Business day (s)
Resolution body
State Revenue Office
Resources
Replacement: Term: One month. On a poteative basis, before the branch from which the administrative act comes to appeal, stating that it has not filed an economic-administrative claim.
Economic-administrative claim: Term: One month from the day following the notification of the contested act or to the day on which the procedure or previous appeal for reversal can be considered resolved. He/she will address the administrative body that has issued the claim.
Information related to electronic processing
Identification system
Electronic DNI, Electronic certificate, PIN code
Level of interactivity
Level 4: Electronic processing
Regulations
Basic Regulations
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Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013,
concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No. 1383/2003 (Official Journal of the European Union, 29-June-2013)
-
Commission Implementing Regulation (EU) No 1352/2013 of 4 December 2013,
establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council on the enforcement of intellectual property rights by customs authorities (Official Journal of the European Union, 18-December-2013).
-
Act 58/2003 of 17 December,
on Tax General. (Official State Gazette 18-diciembre-2003)
-
Royal Decree 1065/2007, of 27 July,
approving the General Regulations on the actions and procedures for tax management and inspection and the development of the common rules of tax application procedures. (Official State Gazette 5-septiembre-2007)