Trademark Registration in Spain

Spain Trademark Registration – How to Register and its Benefits

Why do you need a Trademark Registration in Spain?

For getting trademark protection in Spain, you could decide to do trademark registration in Spain in two ways: You can request for registration in the whole of European Union by filling just one single application. You can do this via the European Union Trademark that offers trademark protection in about 28 member countries of the EU. Another option is to apply for register for your trademark directly in Spain.

A trademark attorney will process a trademark registration in Spain by conducting the below-mentioned steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Spain, one must assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your trademark registration in Spain and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

Will I get any right after having a registered trademark in Spain?

It is a requirement for business owners to register their trademark if they wish to establish rights. The “first to file” rule is applicable in Spain. The only exceptions are popular but unregistered trademarks. However, if these well-known trademarks are not registered, the owners still hold the right to get cancellation of registration for any trademark that has a huge resemblance to their popular trademarks.

On what grounds can a Trademark Application be opposed?

Trademark can be opposed in case of:
  • Copyright breach
  • Registration of trademark in the agent’s name in place of the owner of the trademark
  • Rights are in trade names
  • Rights are in registered designs
  • Rights are in someone’s personal name
  • If Article 6septies or Article 8 of the Paris Convention has been violated

Will I have any rights established after trademark registration in Spain?

Yes. Registered marks in Spain establish the following rights:
  • Exclusive rights for using and taking benefit from the trademark
  • Challenge any conflicting applications filed at a later date
  • Appeal for cancellation of clashing registrations filed at a later date
  • Get damages from infringement
  • Authorize third parties to use the trademark
  • Appeal for seizure of any counterfeit goods

Is Spain a member of the Madrid System?

Yes. Spain is a member of both Madrid Protocol and the Madrid Agreement.

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 8 months, provided no objections or oppositions happen.

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

After trademark registration in Spain, your mark is protected in Spain’s national territory which includes mainland, Balearic and Canary Islands and Ceuta and Melilla cities.

What are the various kinds of trademarks permitted to be registered in Spain?

Any sign that can be graphically depicted and can set apart a product/service from its competitors can be registered:

  • Names
  • Slogans
  • Words
  • Sounds
  • Devices
  • Trade dress
  • Colours
  • 3-D shapes

Post the trademark registration in Spain, for how many years is it valid?

The validity of a trademark registration is 10 years.

When will I have to renew my trademark?

Subsequent renewals should be done every 10 years.

What would be the renewal date for a trademark?

The first renewal date of a trademark registration in Spain is 10 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

No documents are needed for renewals.

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 6 months.

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