Trademarks and trade names are distinctive industrial property rights, according to the OEPM, or the Spanish Patent and Trademark Office, which are granted by the Spanish Government and give their creator the sole right to use them in the commercial marketplace and protect them from being used by any other external or unaffiliated parties. This permits a business to differentiate itself from other market rivals’ products or services.
The name and reputation of a brand are essential components in marketing, public relations, reputation management, and all other forms of commercial communication. It is also a crucial instrument for business policy and consumer protection. We at Brealant are here to help you with our skilled team of Spanish attorneys if you have a brand that you would want to register in Spain and you’d like to be advised by the top specialists.
There are three different trademarks in Spain, the first of which is the brand name; the second is a combination of the brand name and logo, and the third is just the registration of the brand’s emblem.
The registered trademark can comprise the following resources or insignia:
What Are the Requirements for Registering a Trademark in Spain?
A completed application:
Additionally, they are some crucial elements that must be presented along with the trademark application form to receive a filing date, such as:
How to Register a Trademark in Spain?
First and foremost, before registering a trademark in Spain, you should ensure that no other identical or confusingly similar trademarks or business names have already been registered. By doing this, you will avoid unintentionally violating the intellectual property rights of others. Our attorneys can provide a feasibility study to confirm this data.
To adequately protect your exclusive rights to the trademark and stop others from using it, you must first be informed of the sort of trademark you are registering. Finally, you must ensure that your trademark is not unlawful, dishonest, or deceptive and that it is not too generic before applying to register it in Spain.
Following submitting a trademark application to the OEPM, the office reviews the application to ensure that the mark conforms with all formal criteria. The mark is published in the Spanish Trademark Gazette for the opposition if all standards are met. Any third party that feels its trademark rights have been infringed upon may submit an opposition against your application within the two months following publication.
Once the process has been completed successfully, and the trademark is registered in Spain, it will be valid for 10 years, which can be renewed indefinitely for the same period.