This post is aimed at explaining the procedure to register a trademark in Spain. Article 4.1 of the Trademark Law sets forth that a trademark is `any sign capable of graphic representation used to distinguish in the market products or services of one company from those of other companies´.
First, in order that an entrepreneur acquires the ownership title of a trademark he/she shall start the registration procedure whereby the Spanish Patent and Trademark Office (the so-called SPTO) will issue a decision on the case.
The application shall be submitted in order to register the said Trademark, and this may be done either in person or through forms.
Once submitted the application and once passed the legality and the substantive reviews, the application will be published in the Official Bulletin of Intellectual Property of Spain (the so-called BOPI) so that people considering themselves harmed by the trademark registration approval may appeal within a period not exceeding two (2) months as of publication.
However, and whether there are any appeals or not, the SPTO shall carry out a new substantive review in order to proceed with the trademark registration approval or refusal, a decision which shall be published in the BOPI. Such decision must be notified within twelve (12) months if no suspensions or appeals were submitted within twenty (20) months, if any.
Once the publication has been ordered, the SPTO will issue trademark registration title for the subsequent inscription in the Trademarks Registry.
Finally, we will highlight some aspects you should know if interested in registering a trademark:
- It is applicable to individuals or legal persons of Spanish nationality or foreigners residing or having effective commercial premises in Spain.
- The registration of the trademark confers its holder the exclusive right to use it in the market.
- The acquired right of ownership applies to the Spanish territory.
- The trademark is granted for ten (10) years as of the application date (not as of approval), renewable for ten (10) years longer.
- There is obligation to use the trademark since in the event that the entrepreneur does not use it within five (5) years as of approval he/she shall be fined.
- Trademarks expire in the event of non-renewal and are canceled with the Trademarks Registry.
If you are considering registering a Trademark you may first refer to experts. Phone us, no strings attached! We can assist you through the process of registering your Trademark. Call us at XXX or contact us through the contact form.