The registration of sports brands in Spain follows the common procedure of registration of other brands, with the difference that in this case we are going to talk about a sports brand.
In the following lines we will review what is the procedure to follow in order to successfully complete the registration of a sports brand from the moment of the presentation of the request, until the completion of the procedure with the expected granting.
Throughout the process for obtaining a satisfactory record of our brand, it will be essential to have the advice of a professional specialized in this type of procedures.
The previous step in any trademark application will be to carry out a preliminary analysis on other registry precedents that may exist in the market compared to our brand.
The previous step in any trademark application will be to carry out a preliminary analysis on other registry precedents that may exist in the market compared to our brand. This implies that it will be necessary to carry out an analysis on other registry backgrounds related to identical or similar brands that have been requested or granted.
This analysis will aim to define the viability of registering our sports brand. To do this, the search for a similar or identical background to that of our brand must be carried out by searching the trademark registry of the OEPM, the registration of the Intellectual Property Office of the European Union (hereinafter, the EUIPO), and we must also review those International Trademark registrations with effects in Spain.
It is necessary to consider that brand applications are carried out for certain classes within the 45 types of classes available in the international Nice classification. In this sense, if we find in the databases of trademarks identical or similar to our trademarks, the request must be made at least for those classes that have not been requested in those registrations prior to ours.
Once analysed the previous trademarks precedents, and considering that our expert has given “green light” to the registry, it will be necessary to proceed to present the application to the Spanish Patent and Trademark Office, or to the registration of the country over which we wish to obtain the registry protection for our brand.
In this sense, it is necessary to consider that the protection granted by the European trademark provides protection in all the member countries of the European Union, and in this case the procedure must be to present the trademark application to the Intellectual Property Office of the European Union., located in Alicante.
TRADEMARK APPLICATION TROUGH THE SPANISH PATENT AND TRADEMARK OFFICE
The presentation of the trademark application must be done either in person, through the corresponding standard forms, or online.
Once our trademark application has been submitted, within one month such request will be published in the “Boletín Oficial de la Propiedad Intelectual” (BOPI).
PROCESSING AND GRANTING
From the publication in the BOPI, a period of 2 months will begin so that third parties could raise oppositions. If there are no oppositions to our brand, it will be granted within approximately 5 months from the presentation of the application, being in force for periods of 10 years, renewable indefinitely by paying the corresponding fees.
In this sense, it is necessary to highlight the fact that the trademarks registrations, unlike other intellectual and industrial property rights such as copyright or a patent, are granted in an unlimited way in time through the payment of the corresponding fees of registry for every period of 10 years.