Spain Trademark Registration

Our Trademark Attorneys in Spain will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:

Trademark Comprehensive Study

Step 1

Trademark Comprehensive Study

A report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your trademark in Spain. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.

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Trademark Registration Request

Step 2

Trademark Registration Request

The filing and processing of the Trademark Registration Request before the Spanish Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.

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Trademark Registration Certificate

Step 3

Trademark Registration Certificate

Once your trademark is approved for registration, you will need to request the Trademark Registration Certificate.

The Trademark Registration Certificate provides proof of ownership of the trademark. This service also includes our Trademark Watch service for ten years. The Watch service detects any conflicting trademark applications and informs you of potential infringements, thereby giving you the opportunity to file an opposition.

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  1. Is registration of a trademark mandatory?

    Register is not compulsory, but it is advisable. Otherwise the legal benefits of registration may not be available. In the absence of registration is not possible to avoid third parties from using the mark, unless is a well know mark.

  2. Which Intellectual Property rights are registrable?

    Any distinctive sign which serves to differentiate a product or service from the products or services of others. This includes signs such as one or more words with or without conceptual content, drawings, symbols, monograms, engravings, prints, stamps, images, color combinations that are applied in a particular location of the goods or packaging, letters and numbers, packaging, advertising phrases that are original, sound marks and their combinations thereof.

  3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

    The figure of the commercial establishment does not exist in the Spanish trademark system, the most similar concept would be the trade name. But as in many countries the trade name figure does also not exist and to avoid problems regarding priority claims, our advice is to proceed with a service mark we can grant the same protection as a trade name.

  4. Is there any advantage in using a trademark before filing an application?

    Only in respect of well know trade marks in Spain, since in that case possible to oppose or seek the cancellation of newer marks, as well as take measures agianst infrigement.

  5. How long does the registration process take?

    In the absence of objections and oppositions, the registration process takes approximately between 6 and 8 months.

  6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

    A trade mark must be used within five years of the registration date or the registration will become vulnerable to cancellation for nonuse. However, use after the five-year term may cure nonuse, provided that in the interim no third party has filed for, registered, or used an identical or similar mark, or has filed an action for cancellation for nonuse.

  7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

    The marks are protected the way they are deposited, so if they are mixed, the logo and verbal elements are protected as a whole. And even though in certain cases of trademark infringement there could be a chance of invoking protection towards a mixed mark based on the use of its verbal element, this protection is not very clear and evident.

  8. How can I know which is the due date for the renewal of a registered trademark?

    The term/renewal date of a registration is 10 years from the application date.

  9. When should I pay the renewal fee of my registered trademark?

    A renewal can be filed during the six month period prior to the trademark expiration date.

  10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew for six months from the renewal date with payment of a fine.

  11. What documents are required for filing a trademark or renewal application?

    No special documentation is required for renewing a trade mark, except for the completion of the offical forms.

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