Challenging or Defending a Spanish Trademark

Any owner of an earlier Spanish, EU, or internationally protected mark, or certain other earlier rights, can file an opposition, most often the owner of a conflicting earlier registration.

A notice of opposition must be filed within two months of the mark's publication in the BOPI.

The two-month opposition period itself is a fixed statutory term and is not generally extendable, so acting promptly after publication is essential.

If the opposition succeeds, the application is refused, in whole or for the contested goods/services, and does not proceed to registration.

Yes, many oppositions resolve through negotiation — such as a coexistence agreement, letter of consent, or limitation of goods — before OEPM issues a decision.

OEPM charges an official fee to file the notice of opposition, and professional fees vary with the complexity of the evidence and arguments required — Brealant quotes each stage separately.

Proof of your earlier registration or application, and where that earlier mark is over five years old, evidence of its genuine use if the applicant requests it.

Yes, an earlier EU Trade Mark or an international registration under the Madrid System designating Spain or the EU can both form the basis of an opposition before OEPM.

Yes, either party can appeal an adverse OEPM decision, first through an administrative appeal and ultimately to the courts if needed.

OEPM still examines the merits on the evidence filed; a lack of response doesn't automatically mean the opposition succeeds, but it does mean no counter-arguments are on record.