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DESIGNS IN SPAIN (Law 20/2003), from 8th July 2004

OBJECT

Designs that are new with a singular nature can be registered.

Duration is five years from the date of the application. The effectiveness can be extended for similar periods by paying the relevant renewal dues up to at most 25 years.

The lack of requisites established in the Law and the allegation of being the holder of a prior right can be grounds for opposition against the registration of a Design in Spain.

The priority of an earlier prior Design application presented within six months before the date of national application can be claimed.

Applications for multiple designs are acceptable.

Priority can be claimed for a Design Application presented in a third country in the six months immediately before, and priority can also be claimed for a Design in Spain for obtaining rights abroad.

PROCEDURE

An application for Design undergoes the following registration process:
  • Filing the application
  • Formal examination
  • Deferral of publication (if requested)
  • Publication of the register in the Official Industrial Property Bulletin "Boletín Oficial de la Propiedad Industrial" with the call for possible oppositions
An opposition procedure involves formulating allegations by the opponent and the applicant’s bringing a rejoinder prior to the register’s decision.

Any decision may have an administrative appeal filed against it as well as at the Courts of Justice.

REQUISITES

The requisites for application for a registration of Design in Spain are as follows:
  • Details of the Applicant (s) (name, address, nationality)
  • Photographs or drawings of the Design to be registered
  • Purpose or application of the Design
  • Power of attorney form, signed by the applicant. This is not required when we already have a general empowerment accredited at the Spanish Patents and Trademarks Office
  • Name and post of the person signing the power of attorney