Defense of the EUTM in the Courts
The CTMR created the “Community Trade Mark Courts”, now called the “EU Trade Mark Courts”. The Member States of the EU are thus obliged to designate in their territories a number as limited as possible of national courts and tribunals of first and second instance to act as “EU Trade Mark Courts” (Art. 123 EUTMR). These Courts have jurisdiction for the following matters: (a) actions for infringement of an EUTM; (b) actions for declaration of non-infringement, if they are permitted under national law; (c) actions claiming compensation for infringement of a published EUTM application; (d) counterclaims for revocation or invalidity of an EUTM.
Territorial jurisdiction corresponds, in order of preference: to the Courts of the Member State of the EU in which the defendant is domiciled or has his establishment; or to the Courts of the Member State in which the plaintiff is domiciled or has his establishment, if the defendant is neither domiciled nor has an establishment in the EU; or to the Courts of the Member State where the EUIPO has its seat (to the Spanish Courts, therefore) if neither the defendant nor the plaintiff is domiciled or has an establishment in the EU.