Spanish TradeMarks

Spanish TradeMarks

Trademark Registration in Spain

Register your trademark in Spain

A national Spanish Trademark registration protects your brand inthe whole Spanish territory and conferring to the owner exclusive rights to Registro de marcas en Españaprevent others from trading with a confusingly similar mark. Registering a trademark in Spain is a must for all businesses and companies that are trading their goods or services in our country. It is also a good start-point if, for the moment, you are not intending to trade anywhere else in the world.

España

Why Spain?

Considering that Spain is among the first European and global economies, its geostrategic location, population and fiscal incentives, trademarking your brand for the products you trade or services you render in the Spanish market can be relevant for the ROI of your business, no matter what the size of your company is or industrial sector in which you are doing business. See more

 

Main Points of Trademark Registration in Spain

First to File System

Spanish Trademarks are registered on a first to file basis.

Oficina Española de Patentes y Marcas (OEPM)

National Office

National trademark and trade name registrations in Spain are ruled by the Spanish Patent and Trademark Office (OEPM) based in Madrid, Spain.

What Can Be Registered?

Any sign capable of being represented graphically, in particular words, including personal names, designs, letters, numerals, the shape of goods, their packaging, slogans, sounds, solely or combined. Besides the protection of individual marks, Spain allows registration of collective and certification marks (guaranteed marks) when certain requirements are met.

Who May Apply?

All natural persons and legal entities, regardless of their citizenship or residence.

Priority Claim

Spain is member of both the World Trade Organization and of the Paris Convention ensuring Spanish nationals certain protection of their rights in all other signatory countries; The applicant of a Spanish trademark application may claim priority within a non-extendable 6 month period of filing as support for an international trademark registration and other foreign filing of the trademark, provided that these have exactly the same classes of goods and services, elements, or design being claimed. Also, any person or entity who has filed a trademark application in one of the signatory countries of the Paris Convention has a right to claim that filing date and priority for a trademark application in Spain if it is filed within the non-extendable six-month-period.

Multi-Class Application

A Spanish trademark application allows multi-class designation under the Nice International Classification of goods and services (45 classes), where class headings may be specified.

Validity

The Spanish trademark is granted for an initial period of ten years which can be renewed indefinitely by further periods of ten years on payment of renewal fees. All rights in a Spanish trademark registration date back to the filing date and not when the mark is granted.

Obligatory Use

A Spanish trademark can be revoked and removed from the register (and action which must be requested by third parties) if it is not used for a continuous period of five years following registration.

Courts for Trademark Infringement

Legal actions involving trademark infringement or unfair competition in Spain are to be taken before the competent Commercial Court located in the city of the Higher Court of Justice within the autonomous community where the defendant is domiciled, or alternatively where the infringement has taken place or had effect. When the claimant is invoking a EUTM, this is to be held by the Commercial Court of Alicante, Spain. Appeals lodged against decisions made by the Commercial Court of Alicante are revised by the Provincial Court of Appeal of Alicante.

How Abecsa Can Help You

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Spanish Trademark Registration Procedure and Time Taken

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International Registrations Designating Spain

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Information and Requirements to File a Spanish TradeMark Application:

  • The full name and address of the applicant(s)-holder(s).
  • The nationality or country of establishment of the applicant(s)-holder(s).
  • VAT Number (NIF/NIE), only if the applicant is Spanish or established in a country of the EU.
  • Full details of the trademark and if appropriate, and a good representation of the logo or design, indicating all generic colors to be described.
  • Nice classes to be applied for and list of those preferred goods and services sold or to be sold under the trademark to be specifically included (45 classes of goods and services).
  • The details of the application on which Convention Priority is to be claimed, if appropriate, within 6 months from first application date, along with the Certificate of Priority.
  • The details of the national application(s) on which seniority is to be claimed, if appropriate.
  • Your instructions on how we should proceed and approval of the likely costs.
  • Your payment by bank transfer within 20 days from application and invoice date.
  • A POA signed by the applicant (no legalization) is required by this Office.

Contact Us

Via our contact form if you need advice or request our fees on any trademark issues such as:

  • Registering your mark in Spain or an International Registration designating our country, or looking for the associated trademark searching and trademark watching services.
  • Seeking our Attorney’s representation and appointment in your trademark application or registration.
  • Opposing a confusingly similar Spanish trademark applied for registration by others.
  • Defending your challenged Spanish or IR designating Spain, from objections, oppositions or appeals.
  • Taking legal action against infringement of your trademark right in Spain or in Europe being used by another person or company.
  • Renewing your Spanish trademark for an additional ten year period.
  • Licensing the use of your trademark or selling them and want to ensure the assignment of the trademarks to others.

 

Confidentiality

It would be advisable that you do not disclose your trademark protection plans to avoid others registering it before you. However, you can safely discuss them with us, because as registered patent attorneys and lawyers, any information you disclose to us is legally privileged and confidential, using it strictly for the purpose or needed service we are instructed to handle in your name.