Spain’s Patent and Trademark Office (OEPM) introduced a fast-track mediation route on 5 August 2026 for disputes involving cross-border trademark squatting and e-commerce counterfeiting, embedding the mechanism in the trademark opposition process. Under the announced procedure, genuine brand owners—particularly overseas businesses facing pre-emptive Spanish filings by agents or other parties—may seek rapid intervention from the OEPM mediation centre after providing evidence of prior use, with mediation expected to begin within 48 hours.
The change moves part of the fight against bad-faith filings to an earlier stage and makes evidence discipline more important for cross-border sellers. A squatter that refuses mediation or submits false evidence of use may face higher official examination charges and the opposing party’s legal costs in later cancellation proceedings. For brands entering Spain, the practical response is to preserve sales records, marketplace pages, distribution authorisations and dated proof of use before a dispute arises. The fast-track route could reduce the leverage created by opportunistic filings, although its real deterrent effect will depend on how OEPM applies the procedure and cost consequences in individual cases.
