Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
Spain Trademark Registration
Protect Your Brand in Spain Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
In Spain, there are two ways to protect your trademark: register a European Union Trademark, which provides protection in all 27 member states, or register directly with the Spanish Patent and Trademark Office.
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Spain, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Spain and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in Spain
Discover how our services help protect and strengthen your brand in Spain.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
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National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
If I register my trademark in Spain, will it be protected in other countries?
Registering your trademark in Spain ensures its protection across the entire country. This includes the mainland, the Balearic Islands, the Canary Islands, and the cities of Ceuta and Melilla.
What actions are necessary to meet the trademark usage requirement?
To meet the use requirement, you need to use the trademark for business activities within 5 years of its registration date. This use must occur within Spain.
Who is eligible to challenge my trademark registration?
Anyone who has a stake in the matter, someone who holds a license, or the rightful owner of a previously registered trademark can challenge the registration.
Can you claim priority for a patent application in Spain?
Yes. If the application was first filed in a country that is part of the Paris Convention, you can use that initial filing date as your filing date in Spain, as long as you apply within 6 months. You can also claim priority if the applicant's home country is a member of the World Trade Organization (WTO).
How long is a trademark valid once it has been registered?
The initial trademark registration is valid for 10 years, starting from the application date.
What steps are involved in the trademark application process in Spain after it has been submitted?
The trademark application process in Spain involves several steps. First, the application details, including the applicant's name, application date and number, the product or service, and the trademark itself, are published online. After publication, registration officers review the application to ensure it meets all necessary requirements. Before the trademark can be officially registered, there is a period during which third parties can oppose the application.
Do I need to sign a Power of Attorney form?
Yes, you must sign a power of attorney to finish the application process.
Do I need to use my trademark before applying for registration?
No, you don't need to use your trademark before registering it. You also don't have to plan to use it right away.
What rights do you gain by registering a trademark?
Yes. Registering a trademark grants several rights, including:
- The exclusive right to use the trademark
- The ability to oppose and cancel later applications that conflict with the registered trademark
- The right to take legal action against others who use similar trademarks and seek financial compensation
- The right to license the trademark to others
- The ability to request the seizure of counterfeit goods
What is the duration of the opposition period?
The opposition period lasts for two months starting from the publication date of the application, and no extensions are allowed.
What is the typical duration for trademark registration approval?
Typically, it takes about 8 months to get a trademark registered, as long as there are no objections or challenges.
What rights do I have if I register a trademark in Spain?
In Spain, trademark rights are granted on a "first to file" basis, meaning you must register your trademark to secure rights. However, there is an exception for famous trademarks. Even if these well-known trademarks are not registered, their owners can still challenge and cancel the registration of any trademark that closely resembles their famous mark.
Can a trademark registration be revoked?
Yes, you can cancel a registered trademark if it was registered in bad faith. Cancellation is also possible if the trademark shouldn't have been registered in the first place. This could be because it includes a protected state badge or emblem, lacks distinctiveness, is offensive, and so on.
Still have questions?