IGP Jamón Serrano Halted: TSJ Annuls 2021 Resolutions and Maintains PGI Status

Key data

The process to convert Jamón Serrano into a Protected Geographical Indication (PGI) and eliminate its current Protected Designation of Origin (PDO) has suffered a definitive blow: the Madrid Superior Court of Justice annulled the resolutions promoting it, and the General Directorate of Food has executed that final judgment through the resolution published on July 17, 2026.

The reason is an essential procedural defect: at the time, the mandatory report from the Spanish Patent and Trademark Office (OEPM) was not requested or evaluated, an obligatory procedure that the Administration omitted. The file reverts to the moment before the December 2021 resolutions, and the PGI status of Jamón Serrano is fully restored.

What does this regulation establish?

The resolution of July 10, 2026 executes the final judgment of the Madrid TSJ that declared null two resolutions adopted on December 21, 2021:

• The resolution that adopted the favorable decision to annul the PGI "Jamón Serrano".
• The resolution that adopted the favorable decision to continue the registration procedure for the PGI "Jamón Serrano".

Both resolutions were successfully appealed by directly affected competitors: the PGI Jamón de Trevélez and the Serón producers, who argued that the administrative procedure was flawed from the start.

The TSJ agreed with them: the Administration had not requested or incorporated the OEPM report into the file, a mandatory requirement—that is, obligatory—before making any decision on designations that could conflict with registered trademarks.

Economic and operational impact

The paralysis of the PGI process has concrete economic and commercial consequences for different actors in the sector:

• Producers under the PGI Jamón Serrano: recover legal certainty about their quality seal. The PGI does not disappear and they can continue marketing with that designation without immediate risk of losing it.
• PGI registration applicants: the process does not advance. Any investment made in process adaptation, labeling or communication aimed at the future PGI remains suspended until the procedural defect is remedied.
• PGI Jamón de Trevélez and Serón producers: are the big winners. By maintaining the PGI active and paralyzing the PGI, direct competition that would have been created by a new national PGI for Jamón Serrano is avoided.
• Meat sector in general: regulatory uncertainty is prolonged. Companies that had planned their commercial strategy based on the future PGI must review their plans.

The deadline for resolving the file is indefinite: the Administration cannot issue a new resolution until applicants obtain and incorporate the OEPM report, and there is no legal deadline set for this to occur.

Who does it affect?

• Jamón Serrano producers covered by the PGI: recover their status and must maintain compliance with the conditions sheet of the current PGI.
• Holders and managers of the PGI "Jamón Serrano": must communicate to their associates the restoration of status and review any communication that anticipated the transition to PGI.
• Applicants for PGI "Jamón Serrano" registration: must initiate proceedings with the OEPM to obtain the mandatory report and reincorporate it into the administrative file.
• PGI Jamón de Trevélez: benefited by the paralysis; no immediate operational changes, but with greater competitive security.
• Serón producers: equally benefited by having been successful appellants in the judicial proceeding.
• Meat sector companies that market or distribute Jamón Serrano: must review labeling, contracts and marketing communications that anticipated changes in designation.

Practical example

A medium-sized meat company that produces and markets Jamón Serrano under the PGI had initiated in 2022 a process of adapting its labeling and marketing materials anticipating the conversion to PGI. It had invested in packaging redesign and training of its sales team under the argument that "soon PGI".

With the resolution of July 17, 2026, that company must:

1. Stop any communication announcing the future PGI, since the process is paralyzed without a defined deadline.
2. Confirm that its current labeling correctly reflects the designation PGI "Jamón Serrano", which is the only one in force.
3. Review contracts with distributors or clients that could include clauses linked to obtaining the PGI.

On the other hand, a producer of PGI Jamón de Trevélez can take advantage of this situation to strengthen their commercial differentiation against Jamón Serrano, since the national PGI remains blocked and their competitive position is strengthened in the short and medium term.

What should companies do now?

1. Verify current labeling: make sure all your products with the Jamón Serrano designation correctly display the PGI, which is the only valid seal today.
2. Remove or correct communications that anticipate the PGI: any marketing material, website, catalog or contract that mentions "future PGI Jamón Serrano" should be updated to avoid confusion or claims.
3. If you are an applicant for PGI registration: contact your legal advisor to initiate proceedings with the Spanish Patent and Trademark Office (OEPM) and obtain the mandatory report that is missing. Without that report, the file cannot advance.
4. Review contracts with distributors and clients: identify if any contractual clause is conditioned on obtaining the PGI and negotiate the necessary adjustments.
5. Monitor the administrative file: once the OEPM report is incorporated, the Administration will be able to issue a new resolution. Keep watch on the BOE to detect any progress in the process.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-15653