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Trademark registration in Spain

The trademark is a very important factor in the launching strategy of a product, a service or a business model, because it is the main element with which a company identifies itself and is subsequently retained in the mind of the consumer. It is the type of protection that grants its owner, whether a natural or legal person, the exclusive right to use the registered distinctive sign to distinguish the corresponding products and services.

The registration of a Spanish trademark is obtained after filing an application with the Spanish Patent and Trademark Office and its subsequent examination by an examiner.

The registration of a Spanish trademark is effective throughout Spain. There are different types of trademarks that can be filed in Spain: the most classic, nominative, figurative and figurative trademarks with verbal elements. Other types of trademarks that can be protected are: sound trademark, which consists of the right of protection granted to a melody, a sound or other type of sound effect, shape trademark, which consists of the peculiar external appearance, format, make of an image, olfactory trademark, which consists of the particular formula that is under a flagrance or smell, color trademark, which consists of the color itself characteristic for a category of goods or services.

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.

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

Both the Spanish trademark application and the Spanish trademark registration give the holder the right to access customs protection, or to request the seizure of counterfeit goods.

For more information on filing a Spanish trademark, please contact us.

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