Trademark in Spain
As a “first to file” country, Spain requires trademark registration before granting rights to a mark. An unregistered trademark may only be protected in some rare circumstances. The Spanish Patent and Trademark Office must receive the trademark applications (OEPM).
Overview
As Spain is a member of the European Union, European Union Trademarks (EUTM) are protected there. Moreover, it is a signatory to the Madrid Protocol. As a result, this nation is able to extend a worldwide trademark registration under the Madrid System. Click here for more details on our trademark filing services using the Madrid System.
A trademark registered in Spain is protected in Melilla, Ceuta, and the Canary Islands.
A trademark does not have to be in use in Spain in order to register. Nonetheless, earlier usage could be helpful since it might show that the trademark has developed distinction, which can assist counter an argument that it lacks distinctiveness. The extent of such usage is necessary to show acquired uniqueness.
The exclusive right to use a trademark is restricted to using it in the precise arrangement or manner in which it was filed and registered in Spain if you register a mixed trademark (one that combines both word components and figurative elements). It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).
Nevertheless, you will have the right to oppose the application on the grounds of confusing resemblance if a third party subsequently wants to register or use a trademark for comparable products or services that contains a major or separate component or portion of your trademark.
A trademark application may be the subject of opposition proceedings by interested third parties within two (2) months of its publication in the Spanish Industrial Property Bulletin. Depending on the specifics of each situation, many conditions will affect the odds of an opposition's victory.
While a trademark need not be utilised in order to register, it cannot stay inactive for more than five years at a time since this leaves it open to revocation claims based on inactivity. The use of the trademark must be on a commercial scale to avoid this.
In Spain, registered trademarks are valid for ten (10) years from the application date and may be renewed indefinitely for further ten-year periods. As early as six (6) months before to the expiry date, the trademark renewal request may be made. On payment of a late renewal charge, it may also be requested during the grace period of six (6) months after expiry.
A trademark search for Spain may be conducted locally, solely for the Spanish Trademark office, or via a European Union trademark search, which encompasses all the IP offices of the EU nations in addition to the EUIPO.
Trademark Fees in Spain :-
Search prices First class $100.00 - Each additional class $80.00
The price is for wordmarks only. If the trademark includes a figurative element (logo), an additional fee of 30 USD per class will apply.
Application prices First class $600.00 - Each additional class $400.00
How to File a Trademark Application in Spain:
First and foremost, before deciding to register a trademark in Spain, you should make sure that no other identical or confusingly similar trademarks or business names have already been registered. By doing this, you will avoid unintentionally violating the intellectual property rights of others. To confirm this data, our attorneys may provide a feasibility study for you.
In order to adequately protect your exclusive rights to the trademark and stop others from using it, you must first be informed of the sort of trademark you are registering. Finally, you must ensure that your trademark is not unlawful, dishonest, or deceptive, and that it is not too generic before applying to register it in Spain.
What Are the Requirements for Registering a Trademark in Spain?
A completed application.
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If you are trying to trademark a graphic image or design, you must submit a printed reproduction.
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If you’re trying to trademark a three-dimensional design, its representation will have to be graphic or two-dimensional.
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Payment of the filing fee.
Additionally, the are some imperative elements that must be presented along with the trademark application form in to receive a filing date, such as:
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The applicant’s identification.
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A clearly defined name in the case of Word Mark, and/or a clear representation of the graphic image in the case of design marks
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The products and/or services that the trademark will cover.
How to Register a Trademark in Spain?
Once a trademark application is filed before the OEPM, the office examines the application in order to make sure that the mark complies with all the formal requirements. If all the requirements are fulfilled, the mark is published in the Spanish Trademark Gazette for oppositions. During the two months following publication, any third party that considers that its trademark rights have been violated may file an opposition against your application.
Once the process has been completed successfully and the trademark has been registered in Spain, it will be valid for 10 years which can be renewed indefinitely for the same period of time.
What Are the Benefits of Registering Your Trademark?
Registering a trademark in Spain provides the following benefits:
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The registered trademark will be protected by Spanish law against the use by persons or companies that try to copy it or reproduce it for their own profit.
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It provides added commercial value to your band and a more professional business image, and as a result, it can help when applying for grants or loans much easier and at better interest rates.
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Your trademark can become a source of additional income since, if someone uses your brand or idea, they must pay you for it.
FAQ :-
1. How long does a trademark last in Spain?
10 years
For how long does the protection of a trade mark or trade name last? Trade marks or trade names are awarded in Spain for a period of 10 years from the application date and may be extended indefinitely provided that they are renewed.
2. How long does it take to register a trademark in Spain?
approximately between 6 and 15 months
How do you obtain a Spanish trademark? By filing an application at the Spanish Patents and Trademarks Office (SPTO). The application process takes approximately between 6 and 15 months.
3. How much does it cost to register a trademark in Spain?
around € 144
The costs for trademark registration in Spain are around € 144 at the time of writing. Applications for extension are approximately € 93.00. Next to these governmental taxes you pay a fee to the trademark agent.
4. Can you lose a trademark if you don't use it?
You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.
5. What is the time limit for trademark registration?
All registered trade marks are valid for a period of 10 years from the date of application. At the end of its validity, a trade mark can be renewed easily by paying the Government fee for registration. Know more about Trade Mark renewal.
6. What do I need to register in Spain?
Original Identification Document: Valid Passport, Valid Residence Permit (temporary, permanent, from the EU), Foreigner Identification Card, together with passport or ID from their country (citizens from the EU, Iceland, Liechtenstein, Norway and Switzerland) (original and photocopy).
7. Is GST required for trademark?
GST must be used if the partnership firm has registered for it. Unless a word mark is being registered, include a logo if one is available. A trademark description is a description of a trademark-protected product or service.
8. Can one company have two trademarks?
A company can thus register multiple trademarks. Once a Company or LLP is registered, the Ministry of Corporate Affairs will not allow any other Company or LLP to be registered with a similar name as per the Companies Act, 2013.
9. What is the main requirement for a trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
10. Do you have to pay for trademark every year?
After your trademark registers, you will need to pay maintenance fees periodically to keep your registration alive. See our trademark fee information and the fee schedule for more detailed information.
11. When can a trademark be used without permission?
By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.