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Trademark registration in Spain

Trademark registration in Spain

One of the most important things we think about when creating our own company is the name we will use and how it will work. To carry out all this, one of the essential steps is the registration of the name and distinctive sign that we are going to give to our project.

The registration of trademarks in Spain is a simple step that does not take long, but it is fundamental within the launching strategy of a product, a service or a business model.

The trademark is the main element with which a company identifies itself. It is retained in the consumer’s mind and its registration is a type of protection that grants its owner, whether an individual or a legal entity, the exclusive right to use the distinctive sign deposited to distinguish its corresponding products and services. If a product or service is not registered, in this case, registered in the Trademark Registry, it can be used by third parties without legal consequences.

What do I have to do to register a trademark in Spain?

The registration of a trademark in Spain is obtained after filing an application with the Spanish Patent and Trademark Office (SPTO). The SPTO is an autonomous body of the General State Administration (AGE) that promotes and supports technological and economic development by granting legal protection to the different types of industrial property through the granting of patents and utility models, industrial designs and, as in this case, trademarks and trade names.

Before filling out the trademark registration application on behalf of our clients, Letslaw, as lawyers specialized in the registration of Spanish trademarks, must carry out some previous steps, which are also essential:

  • We check if the trademark exists.
  • We access the trademark locator of the SPTO and search for our trademark.
  • If we see that our trademark does not exist, we can register our trademark.

The registration of a trademark can be done in person by filling out the application form and submitting it at the SPTO or at the Regional Industrial Property Information Centers. To carry out this registration online, at the SPTO we must follow eight simple steps:

  • Access the application for filing the application.
  • Enter the applicant’s identification data.
  • Enter the data of the distinctive sign you wish to apply for.
  • Prepare the list of goods, services or activities for which you want your distinctive sign to be registered.
  • Attach the relevant documentation.
  • Review the draft application.
  • Make the payment of the fee.
  • Download the filing receipt or send it to an e-mail address.

Although the application may be simple, it often requires the advice of experienced lawyers to register a trademark in Spain to ensure the viability of the application, thus avoiding unnecessary costs for the client. 

Processing, granting and duration

The usual resolution time for a national trademark application is 12 months, provided there is no opposition or errors in the application; in such cases it can take up to 20 months.

After filing, the trademark is examined and then published in the Spanish trademark bulletin. From the date of publication, two months will elapse within which interested third parties may file an opposition to the registration of the Spanish trademark. If this period elapses without opposition, the trademark will be registered by the Spanish Patent and Trademark Office (SPTO) based in Madrid.

The Spanish trademark has a duration of ten years from the filing date and can be renewed indefinitely for equal periods of ten years. The protection granted starts from the filing date of the trademark.

What types of trademarks are there?

There are different types of trademarks that may be subject to registration, being the usual differentiation between word marks (those that only include words, letters, numbers, or combinations of the above) and figurative marks (those that are represented by drawings and/or logos alone or together with words). However, there are other types of trademarks that may be subject to registration, which can be consulted in the following link: types of trademarks.

The registration of trademarks in Spain gives the holder the right to access customs protection or to request the seizure of counterfeit goods at the local level. 

For more information on the registration of a national trademark, you can contact Letslaw, where our expert lawyers in trademark registration before the SPTO will guide you through every step of the process, ensuring that your trademark is effectively protected and complies with all legal requirements.

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