Are you currently developing a new product or service that you want to market in Spain? Well, defining your concept is just the first step in the process. In order to effectively enter the Spanish marketplace, you must have a brand that stands out from all the rest. And more importantly, you need to register your trademark or trade name in Spain. But where to start? It’s likely that as a foreign company you have no idea how to register a trademark in Spain. No need to fret, in this article we explain the main steps and issues to keep in mind in order to successfully register your trademark in Spain.
According to the OEPM, or the Spanish Patent and Trademark Office, trademarks and trade names are distinctive industrial property rights granted by the Spanish Government which gives their creator exclusive rights to use them in the economic marketplace and protects them from being used by any external or unaffiliated parties. This enables a company to distinguish its products or services from those of other competitors in the market.
A brand’s name and image are key elements in the process of reputation building, publicity, and marketing, as well as in any area of a business’s communication. Furthermore, it is an important tool for consumer protection and corporate policy. If you have a brand that you would like to register in Spain, and you’d like to be advised by the top experts, we at Delvy Law & Finance are here to help you with our experienced team of Spanish lawyers.
In order to register your trademark in Spain, you should be aware that there are three types of trademarks—the first is the brand name, the second is a combination of the brand name and logo, and the last is solely the registry of the brand’s logo.
The registered trademark can comprise the following resources or insignia:
- Words or combinations of words that identify one or more persons.
- Images, symbols, graphics or figures.
- Letters or numbers, either alone or combined.
- Three-dimensional shapes such as packaging, wrapping or product presentation.
- Any combination of the abovementioned.
How to Register a Trademark in Spain
First of all, when you decide to register a trademark in Spain, you should check and make sure there is no other identical or similar trademark or commercial name that has been registered previously. This will prevent you from unwillingly infringing on the industrial property rights of third parties. Our lawyers can carry out a feasibility report for you in order to verify this information.
Secondly, you need to be aware of the type of trademark you are registering so that you can ensure you are properly guaranteeing your exclusive rights to the trademark and prevent third parties from using it. Lastly, in order to register a trademark in Spain, you should be aware that your trademark is not contrary to public order, that it is not deceitful or misleading, and that it is not too generic.
What Are the Requirements for Registering a Trademark in Spain?
A completed application.
- If you are trying to trademark a graphic image or design, you must submit a printed reproduction.
- If you’re trying to trademark a three-dimensional design, its representation will have to be graphic or two-dimensional.
- 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:
- The applicant’s identification.
- 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
- The products and/or services that the trademark will cover.
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:
- 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.
- 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.
- Your trademark can become a source of additional income since, if someone uses your brand or idea, they must pay you for it.
At Delvy Law & Finance, our experienced intellectual property team is here to help you protect your trademark at a national, European and international level according to the reach of your brand. Our personalized consultation services will guide you through the process step by step, ensuring your trademark protection is carried out with both security and ease.