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It will take an average of 4 to 6 months in order to accomplish the entire trademark registration.
When you register your trademark in Spain, your mark will be protected in Spain’s national territory including mainland, Balearic and Canary Islands and Ceuta and Melilla cities.
Yes. A power of attorney is necessary to complete the application.
Yes, there are benefits. First, it will enable the owner to establish distinctiveness of the mark. Second, the owner can use this distinctiveness to win cases filed by third-parties on the basis of non-distinctiveness.
Yes. Non-use of the registered mark can be a valid ground for the registration to be cancelled.
Signs that can be replicated graphically and have the capability of making a product distinct are registrable: names, words, sounds, slogans, trade dress-up, devices, 3-dimensional shapes, and colors. Colors can be registered provided these are interpreted in a specific shape and it’s not too simple. Colors must also be identified in Pantone shades.
The application process goes through several phases. It starts with online publication of information such as name of applicant, date and number of application, product/service, the mark, etc. Once the application was published, it will be examined by the registration officers. They will validate if the application is compliant to all requirements. Opposition period is also granted to third-parties before the mark can be officially registered.
The law prohibits the registration of the following marks:
- Marks that pose a threat to public order
- Scandalous or immoral marks
- Generic terms
- Symbols and flags of nations, states, regions
- Symbols and flags of international organization
- Marks that are lacking in distinctiveness
- Marks that are known as geographical location
Yes. Nice Classification is effective in the jurisdiction of Spain. Only one application is needed for trademarks that cover multiple classes of products/services.
Yes. European Union Trade Mark (new name for Community Trademark) registration system is effective in Spain.
Yes. If the application’s country of origin is a Paris Convention signatory, the first filing date can be claimed as the filing date in Spain provided the application occurred within the past 6 months. It is also possible to claim priority registration if the home country of the applicant is a WTO (World Trade Organization) member.
You must use the trademark for commercial purposes within 5 years from the date it was registered. The commercial use must be performed within the jurisdiction of Spain.
The validity of the initial registration is 10 years. The beginning of the term is computed from the date of application.
Count 10 years from the date the application was filed.
Using an unregistered trademark for tobacco products is illegal.
The “first to file” jurisdiction applies in Spain. It is mandatory to go through the processes of trademark registration in order to obtain rights. Famous but unregistered marks are an exception to the rule. Even if these well-known marks are not registered, their owners have the right to bring cancellation of registration to any mark that has a big resemblance to their famous marks.
Spain’s national trademark office is accessible at this link: ttp://www.oepm.es
No. Applicants are not obliged to use the trademark before registration. Intent to use the mark is also not mandatory.
The following reasons are grounds for opposition to be granted:
- A similar mark was registered earlier
- The mark is a description of the product’s intended purpose, value or other characteristics
- It is difficult to see the distinctiveness of the mark
- Breach of copy
- The mark violated the rights of famous marks
- Violation of Article 6septies or Article 8 of the Paris Convention
- Unauthorized use of protected emblems, flags and insignia
Any interested or aggrieved party, a licensee, or a legit owner of a mark that was registered earlier can oppose the registration.
Yes. Registered trademarks can be cancelled if these are registered in bad faith. Cancellation is also possible if the mark was proven to be non-registrable. For example, it includes a protected badge or emblem of a state, it is not distinct, it is disparaging, etc.
Yes. Certain rights are established by registration namely:
- Right to use the mark exclusively
- Right to oppose and cancel later applications that are in conflict with the registered mark
- Right to file infringement cases against third-parties that use similar marks, and obtain financial damage for it
- Right to issue license to third-parties to utilize the mark
- Right to request for seizure of fake goods
Two months beginning on the date the application was published, and extension will not be granted.
Yes. Spain is a signatory of international treaties Madrid Protocol and Madrid Agreement.
It is not required to submit period statements of use.
Renew your trademark every 10th anniversary of the filing of application date.
Count 10 years from the date the application was filed.
None. There is no need to present any document when renewing your trademark.
After the expiration date of the trademark, you have 6 months to renew it.