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Spain Trademark Registration 

In order to obtain trademark protection in Spain you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Spain. If you want to proceed this way please follow the steps described below.

 
Attorneys - Spain
 
Welcome:

My name is Ana Lorente and I'm the representative Attorney in Spain.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Spain through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 8 months, if no objections or oppositions arise.

     

  • If I register my trademark in Spain, do I have protection in other territories?

    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.

  • Do I need to sign a Power of Attorney?

    Yes. A power of attorney is necessary to complete the application.

  • Are there any benefits from a pre-filing use of the trademark?

    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.

  • Will there be problems in case I don’t use my trademark after registration?

    Yes. Non-use of the registered mark can be a valid ground for the registration to be cancelled.

  • What are the types of trademark that can be registered in Spain?

    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.

  • What are the phases of application after a trademark has been filed in Spain?

    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.

  • What type of trademark is non-registrable?

    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
  • Does Spain use the "Nice Classification" system?

    Yes. Nice Classification is effective in the jurisdiction of Spain. Only one application is needed for trademarks that cover multiple classes of products/services.

  • Does the Community Trademark apply for Spain?

    Yes. European Union Trade Mark (new name for Community Trademark) registration system is effective in Spain.

  • Is there any possibility to claim priority 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.

  • What do I need to do to satisfy the use requirement?

    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.

  • Once my trademark has been registered, for how many years will be valid?

    The validity of the initial registration is 10 years. The beginning of the term is computed from the date of application.

  • What will be the renewal date of my trademark?

    Count 10 years from the date the application was filed.

  • Is it legal to use my trademark even if it is not yet registered?

    Using an unregistered trademark for tobacco products is illegal.


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