When creating your own company, the first thing to do is think about the name that will identify it in the business market and differentiate it from the competition. Being an extremely competitive medium, as an entrepreneur you must protect the identity of your project, without anyone getting ahead of it. Therefore, follow the steps that we will define throughout this text to register a trademark in Spain correctly.
What is a trademark?
It is a set of words, figures, images, symbols, and figures that identify a product or service. Among its main characteristics is its extension (the shorter it is and the less difficult to pronounce, the easier it will be to memorize). This factor, together with elements that accompany it, will make your brand create remembrance and impact before your target clients.
Do you know if it is already registered?
The Patent and Trademark Office is a database in which all brand names are found. It is used to verify if your choice is already registered.
How to register a trademark in Spain?
To carry out this registration nationally, you must take into account the following steps:
- Apply as well as pay the application fees, whether you complete the procedures in person or online.
- To register in person, you must fill out the Trademark Registration application form (it is used to define the data that will identify the brand, as well as the information of both the applicant and the representative).
- You must apply to the Spanish Patent and Trademark Office together with proof of payment of the application fee, either at the Regional Industrial Property Information Centers of the autonomous communities or at the post office (these documents must be accompanied by the authorization of the representative, if there is one).
- Upon delivery of the corresponding documentation, it will be reviewed. If there is a failure in the documentation provided or in the event that the rights of other people are affected by the granting of this trademark, a period will be defined for the applicant to modify their claim.
Note: Upon approval, it will be valid for 10 years with the right to indefinite renewal, paying the corresponding renewal fee each time.
Online form registration
In order to register your name online, you must go to the Headquarters (OEPM). Here you can register any design or project that accredits you as the intellectual author. Considering the following steps:
- You must click on “Procedures for distinctive signs”.
- Then click on “Application for trademarks, trade names, and international trademarks” to begin filling in the data.
- Once completed, the patent and trademark office will begin the procedures to review and accept your application.
Note: The resolution time of this request at the national level lasts 12 months. However, in case of documentation failures, the process could take up to 20 months to resolve.
How to register a trademark internationally?
At the time of registration, the scope that you want to obtain must be evaluated. In this case, it is important to distinguish the following aspects:
- At the national level: It has an effect in Spain.
- At the international level: It has an effect in all member countries of the Madrid System (but not in Spain).
- At the community level: Has effect in the European Union.
Note: It is important to note that the international registration does not have an effect on the whole world, it only has an effect on 80 countries that does not include Spain.
In order to request it internationally, it is mandatory to have your name already registered at the national level. In that order of ideas, when carrying out this international process, you must have the same information provided during the registration process at the national level, such as the owner, badge, and products or services requested.
This process can be carried out by any person, whether natural or legal, who has Spanish nationality, who resides, or who has a business in Spain.
Requirements for international registration
- This process must be carried out before the World Intellectual Property Organization, through a digital form.
- After submitting the necessary documentation, the application will be reviewed by three agencies:
- The Spanish Patent and Trademark Office (SPTO): Checks if the data of the international trademark coincides with that of the national trademark.
- The World Intellectual Property Office (WIPO): If approved, officially publish the registration number or trademark in the gazette
- The National Office of each country: Reviews and can approve or deny the mark in its constituency.
Note: Once the application is approved, the international trademark registration will be valid for 10 years and you will be able to use the ® symbol next to your brand logo.
The law that regulates this registry in Spain
In 2019, a reform to the Trademark Law entered into force with the intention of favoring the coexistence of national and European Union brands. leaving on the table the following aspects:
- A requirement that made it necessary to graphically represent the concept has been removed.
- The definition of brand and trade name was clarified, eliminating the legal uncertainty generated by the concept of “notorious” in Article 8.
- In the event of opposition to the application by a third party, the applicant may require proof of effective use from his opponent. In addition, this brand must be registered for at least 5 years.
- The owner will now have the right to stop the transit of goods from other countries that are introduced into Spain.
- The so-called “intervention rights” have been incorporated as a defense tool against a violation of the trademark.
Do you need more information about Trademarks in Spain?
At Entre Trámites we offer various services of management, advice, and support in bureaucratic procedures for self-employed, SMEs, and other types of companies.