Trademark registration in Spain | iGERENT
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Trademark registration in Spain

Trademark Search
in Spain

Determine the probabilities your trademark has of being successfully registered in Spain

First Class

$100

Additional Class

$80

*The prices mentioned are for wordmarks

All fees included

Trademark Application
in Spain

Apply to have your trademark registered in Spain

First Class

$410

Additional Class

$270

Final fee for registration

Not applicable in this jurisdiction

All fees included

PRICE NOTES

The prices expressed are in USD.

Search report Delivery time: 5 business days.

Application Approximate process duration for straightforward cases: 5 months. 

The prices expressed are for straightforward cases and include all official and professional fees. The prices do not include responses to office actions (e.g. examiner’s refusal), defenses from third party pre- or post-registration oppositions or responses to cancellation actions.

Final Fee for Registration Not applicable in this jurisdiction.

Watch Service will be activated within 72 hours after payment has been cleared. Service is for 365 days.


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Recommendations and information about trademark registration in Spain

In Spain, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Spanish Patent and Trademark Office (OEPM).

Spain is also a member of the European Union, therefore European Union Trademarks (EUTM) are protected in this jurisdiction. It is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

A trademark registered in Spain grants protection in Canary Islands, Ceuta and Melilla.

It is not necessary for a trademark to be in use in Spain in order for it to register. However, prior use may be useful as it can help overcome an objection raised on the grounds of lack of distinctiveness, by proving that the trademark has acquired distinctiveness. Such use must be extensive in order to demonstrate acquired distinctiveness.

If you register a combined trademark (which includes both word elements and figurative elements) in Spain, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.

Opposition actions may be filed by interested third parties against a trademark application within a period of two (2) months following its publication in the Spanish Industrial Property Bulletin. The probabilities of success for an opposition will vary in each case depending on the circumstances.

Although a trademark does not have to be in use in order for it to register, it must not go unused for periods of five years or it will become vulnerable to cancellation actions based on lack of use of the trademark. To prevent this, the amount of use of the trademark must be on a commercial scale.

Registered trademarks in Spain have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. The trademark renewal can be requested as early as six (6) months before the expiration date. It can also be requested during the grace period of six (6) months after expiration, upon payment of a late renewal fee.

 

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FAQ

trademark registration in Spain

Trademark protection and recognition in EU member countries can also be acquired by registering for a European Union Trademarks (EUTM) through the European Union Intellectual Property Office (EUIPO).

A registered European Union Trademark (EUTM) grants recognition and protection in all 28 member States of the European Union. The member states of the EU are:

AustriaBelgiumBulgariaCroatiaCyprusCzech RepublicDenmarkEstoniaFinlandFranceGermanyGreeceHungaryIreland,

ItalyLatviaLithuaniaLuxembourgMaltaNetherlandsPolandPortugalRomaniaSlovakiaSloveniaSpainSweden and the United Kingdom.

Community trademarks are also recognized in the following territorial dependencies of EU member states:

  • Finland – Aland Islands.
  • France – Guadeloupe, French Guiana, Martinique and Reunion.
  • Portugal – Azores and Madeira.
  • Spain – Canary Islands and Ceuta and Melilla
  • United Kingdom – UK legislation states that European Union trademarks (EUTMs) shall be recognized automatically in the Isle of ManJersey and Gibraltar.

A registered trademark grants exclusive nationwide use: Registering your trademark grants you protection and the exclusive right to use your trademark in connection to the products and services for which you have registered in a determined country or territory. As a registered trademark owner you can take legal action against anyone who uses your brand without your permission, including counterfeiters.

A registered trademark serves as a deterrent against third parties that would otherwise use identical or confusingly similar trademarks for identical or similar goods or services. In most countries the prior existence of a considerably similar registered trademark is grounds for government offices to refuse a subsequent registration. Furthermore, trademark owners have the right to oppose similar trademarks from being registered. 

A registered trademark grants one the right to use the ® Symbol: Upon registration you will be able to use this symbol in order to demonstrate that your trademark has been registered and is enforceable by law. It also serves as notice to competitors that you are serious about protecting your trademark rights. Such right is limited to the countries in which the trademark is registered.

It is illegal and punishable by law to use this symbol if your trademark has not been registered; fines and penalties vary depending on the jurisdiction. The use of the ® symbol in some countries is also obligatory if a trademark has been registered in order to be able to present legal actions or remedies against a third party that uses a trademark without the owner’s consent.

A registered trademark is necessary to enlist help from countries’ Customs Service (Customs and Border Patrol): if a trademark has been registered, actions can be taken in order to request local customs services to prevent the entering or exportation of goods that use an identical or confusingly similar trademark.

Priority for subsequent applications: The first application for a trademark will grant the holder the right to subsequently claim priority when applying for an identical trademark in the vast majority of countries in the world, for a period of 6 months. If priority is claimed inside the period of 6 months from the first application, the subsequent applications will be considered as having been presented on the same date as the application in the first country. This is important in case there are conflicting trademarks that were filed after the first application.

 

For more information regarding Priority please visit our General FAQs

If you are investing time and money in order to differentiate yourself and your products or services from other traders, make sure that other trademarks that may take advantage of your market placement are not admitted for registration.

The first step to do so is to stay alert. Our Watch Service will have experts continually monitoring newly published trademarks, alerting you if any of them may eventually affect your rights. Being alerted on time will allow you as a trademark owner to decide whether or not opposition actions should be presented.

Our trademark watch services can be ordered on a yearly basis for a specific country, region or even worldwide.

Trademark Watch Alerts will be sent to your email, including information of the conflicting trademark, such as the trademark itself, the class for which it is being registered, the details of the applicant and the deadline to present legal actions intended to stop the trademark from being registered.

Different countries have different requirements and time frames when it comes to trademarks. When working with iGERENT, a trademark consultant will be assigned specifically to you, and will assist you with whatever trademark related services you require. Along with advising you, your consultant will continuously monitor your trademark processes, keeping you up to date with any developments. Regardless of the amount of countries in which you have services being processed, you will be able to monitor any advances through your online account, or by contacting your assigned trademark consultant directly.

Regardless of which country or countries you are ordering trademark services for, all payments will be made through our online portal. Our online portal allows easy and safe payment to be made via PayPal, by major credit cards such as Visa, American Express, MasterCard and Discover, and even Bitcoin. If you like, you may also pay directly via wire transfer* (bank transfer) to our US bank account.

*Clients that pay via wire transfer (bank transfer) are eligible to receive a 5% discount.

Trademark Watch
in Spain

Make sure that you are alerted when a conflicting trademark to yours has been published in Spain

Local

First Class

$120

Additional Class

$100

Regional

First Class

$360

Additional Class

$170

Global

First Class

$590

Additional Class

$290

Note: Service will be activated within 72 hours after payment has been cleared. Service is for 365 days.

Trademark Renewal
in Spain

Your trademark registration is about to expire? Our expert attorneys will assist you with the renewal process to maintain the protection of your trademark. Learn more about the timeframes, prices and requirements.
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Additional trademark related services offered by iGERENT

Trademark assignment
You need to transfer ownership of a filed or registered trademark? Our expert attorneys will assist you with the assignment process, from the drafting of the deed of assignment to the filing of the change of owner with the country's trademark office.
Trademark office action
Your trademark application has received an office action? Our expert attorneys will provide advice and will help with the defense, from the review of the case to the filing of the defense with the trademarks office. We can help you with objections to local trademarks as well as objections received via WIPO (international trademarks).
Trademark opposition
A third party has filed an opposition against your trademark application? Our attorneys can advise you, evaluating the information and evidence you can provide, determining the chances of success and preparing and filing the defense with the trademarks office.
Trademark holder change of address
You or your company changed your address? With us, you can register the change of domicile with the trademarks office in an easy and straightforward way. Our attorneys take charge of everything.
Trademark holder change of name
The company that owns your trademark has changed its name? It is necessary to update the holder's details registered with the Trademarks Office. Our attorneys will let you know what documentation must be provided and will request the change with the relevant authority.
Control Border Patrol
Your company exports goods that are trademarked? Avoid the arrival of falsified or counterfeit products in those markets in which your trademark is registered. Our attorneys will help you protect your rights with the control border patrol.