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OBJECT

Any trademark that can be graphically represented which is useful for distinguishing a company’s products or services from those of others can be registered as a trademark.

The duration is ten years from the date of the application. This period can be extended for similar periods by paying the relevant renewal rates.

Generic signs, certain geographical signs, ones which already constitute a trademark (if oppositions are filed) and others lacking a distinctive nature cannot be registered as trademarks.

The priority of a prior application for a trademark presented within six months prior to the date of application for the Spanish trademark can be claimed.

PROCEDURE

After making the prior search, which we recommend, a trademark application goes through the following registration process:
  • Application form
  • Formal examination
  • Publication in the Official Bulletin of Industrial Property "Boletín Oficial de la Propiedad Industrial" with a call for any possible oppositions within a period of two months
  • If there are no oppositions, registration is granted
  • Issue of the corresponding Register Certificate
An opposition procedure involves the bringing of allegations by the opponent with the applicant’s right of rejoinder prior to the registration decision.

Any resolution can be challenged by an administrative appeal and before the Courts of Justice.

A trademark is applied for under one or more classes of the Nice Classification.

Similar trademarks registered for distinguishing different products or services can be compatible.

REQUISITES

The requisites for applying for a trademark registration in Spain are as follows:
  • Details of the Applicant (s) (name, address, nationality)
  • Denomination and/or design of the trademark to be registered
  • Products and/or services over which protection is being applied for
  • Power of attorney form , signed by the applicant. This is not necessary when we already have a general power accredited at the Spanish Patents and trademarks Office
  • Name and post of the person signing the power