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Counterfeit or infringing listings on marketplaces and social platforms can damage your brand and divert sales in Spain. Our team at Brealant prepares and files takedown notices under each platform's IP policy to get infringing content removed quickly.
Legal Definition of a Takedown Notice
A takedown notice is a formal complaint submitted to an online platform, asking it to remove content that infringes your registered trademark rights under the platform's own IP policy.
Purpose and Function of a Takedown Notice
It provides a fast, out-of-court route to remove counterfeit or infringing listings without needing to pursue the seller individually through OEPM or the courts.
Protecting Your Brand
Removing infringing listings quickly protects your sales, your customers, and the reputation your brand has built in the Spanish market.
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Contact
Flag the infringing listing(s) to Brealant, or engage us for ongoing monitoring.
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Search
We verify your trademark rights cover the relevant goods and match the infringement.
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Quote
Receive a fixed-fee quote per notice, or a discounted rate for ongoing monitoring.
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Pay
Proceed with secure payment for the service.
File
Brealant prepares and submits the notice through the platform's designated IP complaint process.
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Wait
We follow up on the platform's response and escalate if the listing isn't removed.
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Response
You receive confirmation once the content is taken down.
In Spain, platforms operate their own IP complaint processes, each with specific evidentiary requirements. Submitting a complete, well-evidenced notice through the correct channel is the clearest way to get infringing content removed quickly.
Platforms have specific evidentiary and procedural requirements for IP complaints, and a poorly prepared notice is often rejected or delayed. Brealant's experience with these processes across major marketplaces means notices are less likely to bounce back for corrections.
Takedown notices are effective, but they have limits
Platform-Specific
A notice only removes content from the platform it's submitted to — other platforms require separate notices.
No Guarantee of Removal
Platforms make their own determination and may reject an incomplete or unclear notice.
Doesn't Stop Reposting
Infringers can sometimes relist under a new account, requiring repeat action.
Doesn't Replace Legal Action
For serious or repeat infringers, a notice alone may not be enough, and further legal steps may be needed.
Requires Evidence of Rights
Most platforms require proof of trademark ownership, so unregistered rights can slow the process.
Brealant advises when a notice is enough, and when stronger enforcement action is warranted.
A takedown notice protects several commercial interests
Your Sales
Removing listings that divert customers to counterfeit or unauthorised goods.
Your Brand Reputation
Preventing customers from associating your brand with lower-quality counterfeit products.
Your Marketplace Standing
Keeping your official listings the trusted, authoritative source on each platform.
Your Customers
Protecting buyers from being misled into purchasing counterfeit or unauthorised goods.
Brealant helps you act quickly across every major platform where your brand is being copied.
Timelines depend on the platform involved
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Identification
The infringing listing is identified, either by you or through Brealant's monitoring.
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Verification
We confirm your rights and match them to the infringing listing.
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Submission
The notice is filed through the platform's designated IP complaint channel.
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Platform Review
The platform reviews the complaint and, if valid, removes the listing.
Major marketplaces often act within a few business days of a complete, well-evidenced notice, while others can take longer or require follow-up.
Platforms do not charge to process a valid IP complaint
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Platforms do not charge to process a valid IP complaint.
Brealant charges a fixed professional fee per notice, or a discounted rate for ongoing brand monitoring covering multiple listings.
Ask us for a quote based on the number of listings and platforms involved.
Brealant offers ongoing monitoring services that proactively identify new infringing listings as they appear, so your brand stays protected across marketplaces without you having to search for problems yourself.
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We handle notices with major e-commerce marketplaces, social media platforms, and domain registrars that operate an IP complaints process.
Most platforms require evidence of trademark rights, and a registered mark, whether Spanish or an EU Trade Mark covering Spain, makes the process significantly more straightforward.
Repeat infringers can often be reported through repeat-infringer policies many platforms operate; Brealant can help escalate these cases.
Yes, we offer ongoing brand monitoring services that proactively identify new listings for takedown.
Brealant charges a fixed professional fee per notice, with discounted rates available for ongoing monitoring across multiple listings.
Major marketplaces often remove a clearly evidenced listing within a few business days, though smaller platforms or unclear cases can take longer and may need follow-up.
Typically your trademark registration details, screenshots or links to the infringing listing, and confirmation that the goods sold fall within your protected classes.
Domain disputes generally follow a separate dispute resolution process rather than a platform takedown notice; Brealant can advise on the right route depending on the domain and registry involved.
Some platforms accept complaints based on strong unregistered rights or a pending application, though a registered mark, Spanish or EU, makes the process considerably smoother.
No, a takedown notice is an additional tool, not a substitute — you remain free to pursue a cease and desist letter or formal proceedings against a repeat or serious infringer.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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