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.
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.