Trademark Registration in Spain

You should register your trademark in Spain because rights are primarily granted through registration, as Spain follows a “first-to-file” system. In practice, this means that the person or company who files first before the office will generally enjoy stronger and clearer rights than someone who only uses the mark without registering it. Unregistered marks are protected only in very exceptional circumstances.

To obtain protection in Spain, your application must be filed with the **Spanish Patent and Trademark Office (OEPM)
OEPM.

Key advantages of registering in Spain:

• You obtain exclusive rights over the trademark for the goods/services covered.
• You have a solid legal basis to stop infringement and oppose later conflicting applications.
• Your trademark becomes a commercial asset (licensing, franchising, assignment, etc.).
• Protection also extends to the Canary Islands, Ceuta and Melilla.

Spain is a member of the European Union, so protection can alternatively be obtained through a **European Union Trademark (EUTM), which covers all EU member states
(see our EU trademark services.
Spain is also a member of the Madrid Protocol, so you can extend an International Registration to Spain via the Madrid System
(see our Madrid trademark services.

For clearance, trademark searches for Spain can be conducted:

• Either as part of a European Union trademark search (covering all EU national offices plus the EUIPO):
  Trademark search in the European Union, or
• Locally, focusing only on the Spanish Trademark Office database.

To register a trademark in Spain, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

For straightforward cases, the average time from filing to registration in Spain is around 8 months.

This is an estimated timeframe and may vary depending on factors such as:

• Objections raised by the examiner (e.g. descriptiveness, lack of distinctiveness, conflicts with earlier marks).
• Delays in responding to official actions.
• Oppositions filed by third parties after publication.

Once your trademark is registered in Spain:

• It is protected for 10 years from the application date.
• It can be renewed indefinitely for further periods of ten (10) years.

Renewal:

• Can be requested up to six (6) months before the expiry date.
• Can also be requested during a grace period of six (6) months after expiration, subject to late renewal fees.

The registration grants protection in mainland Spain, the Canary Islands, Ceuta and Melilla, and your certificate/registration record serves as official proof of ownership for enforcement and commercial transactions.

Yes. If a third party files a trademark that is identical or confusingly similar to yours for related goods/services, you may file an opposition.

• Opposition period:
  You must file within two (2) months from the date the application is published in the Spanish Industrial Property Bulletin.
• The likelihood of success depends on:
  • The similarity of the marks.
  • The similarity or relatedness of the goods/services.
  • The strength and priority of your earlier rights, and the evidence you provide.

Use is not required to file or obtain registration in Spain. However, after registration, use becomes important.

If your trademark is not used for an uninterrupted period of five (5) years in Spain:

• It becomes vulnerable to cancellation actions based on non-use brought by third parties.

To avoid this risk:

• The mark should be used genuinely and on a commercial scale in Spain for the goods/services covered.
• It is advisable to keep evidence of use (invoices, ads, catalogues, website targeting Spanish consumers, etc.).

Spain recognizes three-dimensional (3D) trademarks through the Spanish Patent and Trademark Office (OEPM).

To register a 3D mark:

• Applicants must provide a clear graphical representation of the 3D sign from various angles so the shape is fully understood.
• The shape must be distinctive and not purely functional.
• If the 3D mark lacks inherent distinctiveness, the OEPM may require evidence of acquired distinctiveness through use in the Spanish market (e.g. sales data, advertising, market surveys).

The OEPM examines 3D marks carefully to ensure they do not monopolize technical solutions or purely aesthetic features that competitors may legitimately need to use.
Multi-class applications are allowed, so you can cover several classes of goods and services in a single filing.

For more information, visit the OEPM website:
OEPM.