If you are creating a new project you must be thinking about that unique, attractive, and differentiating name for your masterpiece. I know! You would love that just by mentioning a word, everyone knows that they are talking about your creation and the best thing is that only you can use this name in the market.
Find out with this blog how to start the process of trademark registration in Spain online! And if you have any other questions, you can contact the expert team of Entre Trámites to resolve your concern, how to register the name of your project.
What is a brand?
It is a badge or distinctive sign, which creates a commercial identity of the services or products that are launched on the market and generates recognition by consumers.
To take into account, the brands can be only words or a joint composition of several words, symbols, images, three-dimensional drawings, and letters, among others. It is recommended to create a short, sound title that is easy to remember and pronounce.
It is important to differentiate between a brand and a trade name, the former identifies the product or service and the latter represents the entrepreneur who produces or markets them.
Why is trademark registration important?
Once you have launched services or products accompanied by a name (brand), they begin to generate a trajectory that later positions them and brings with them prestige; that is, the commercial value that has been achieved, the recognition, and a level of consumer confidence. Well, in that future moment, just by mentioning the brand they will know what is being talked about or, in fact, in the case of promoting new products of that brand, they guarantee their commercialization and quick sale.
It is essential to carry out a prior registration of the brand to obtain the right of ownership and exclusivity of commercial use or exploitation, by becoming sole holders of that denomination. And thus, prevent third parties from making imitations or offers on our behalf, thus protecting our original creation or intangible good. Well, if you are not registered, there is a risk that others can use it without having legal complications.
Remember that registering the name of the company in the commercial register only gives you the right to carry out the activity, but the right of trademark ownership is granted by the Spanish Patent and Trademark Office (SPTO).
How to start the process of trademark registration in Spain?
Check if your brand is available or if it exists
Check if there is already a similar or equal trademark to the one you want to register. To do this, we recommend doing it on the SPTO website, doing the following step-by-step:
Home »Database (Trademarks and Trade Names) / Base de datos (Marcas y Nombre Comerciales) »Trademark locator / Localizador de marcas »Search by denomination or figurative elements / Búsqueda por denominación o por elementos figurativos »
Besides, it would not be bad at all to also review the European Union Intellectual Property Office (EUIPO) and TMVIEW.
NICE Classification
It refers to categories of services and products created to function as groups with similar characteristics for trademark registration. More details here.
Once you know this, enter the Database where you will see the list of different classes and some explanatory notes that can help you choose the class for your brand.
Application
Enter the Electronic Office of the Spanish Patent and Trademark Office (SPTO).
Then, we click on “Trademark Request / Solicitud de Marcas“ -> “Accept / Aceptar” -> “New submission / Nueva presentación” -> “Accept / Aceptar”
Complete the application form with the data that will identify the brand.
If there is more than one interested party in this record, you must use the option “Add Applicant / Añadir Solicitante” -> “Supply data / Suministrar datos” and click “Continue / Continuar”.
Choose a modality according to the brand that we are going to register and select the type of distinctive.
For example: if the brand is only made up of a word, it will be «Denominative». But, if it is accompanied by words and a logo, it will be “Figurative”. Then, fill in and upload the corresponding information.
Besides, choose the NIZA class, which we have previously consulted in point 2. It is possible to add all the classes that are considered necessary (an additional value must be paid for each class).
Go to the CLINMAR search engine of the SPTO.
Subsequently, complete what applies to you. Click “Continue / Continuar” -> “Save Draft / Guardar Borrador” -> “Continue / Continuar”
Click on “View / Ver“ and download the pdf with the request made.
Pay Fees
The value to be paid appears, the payment method is chosen, and click on «Pay / Pagar» -> «Accept / Aceptar». There, we provide the data to make the payment. In addition, you can download the trademark application receipt.
The SPTO will review the application and if there is a failure they will tell you. If approved, this trademark will appear published in the Official Bulletin of Industrial Property and at that time a period of two months will be enabled for third parties to have the opportunity to oppose the trademark registration if this process affects their rights to grant the trademark. If there is no opposition, in subsequent months (6 to 12 months) you will obtain the National Registration Certificate valid for ten years with an indefinite possibility to renew.
This process can be done in person, but it may take longer and be cheaper. As we have seen, you can do it through the SPTO if the registration is in Spain; but if your purpose is to do it in the European Union, you must do the registration process at the EUIPO but the fees are higher.
But relax! You don’t have to do everything yourself! At Entre Trámites we can help you register your brand and with various bureaucratic procedures that you need to solve. If you need a hand, we can give it to you in a free consultation!
Contact us! You can go to the contact form and leave your information so that we can call you, schedule a free consultation with us, or write to our WhatsApp.
