English
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.