Introduction to Spain Trademark Registration System
Oficina Española de Patentes y Marcas (OEPM)
Joined International Treaties for Trade Marks
Paris Convention; Madrid Agreement; Madrid Protocol; Trademark Law Treaty
Principle on Trade Mark Protection
Spain adopts "first-to-file" for trademark protection, and the Trademark Act of Spain mainly protects the registered trademarks.
If a registered trademark is used by someone else without authorization and/or license, the trademark owner can simply take an infringement action.
For un-registered well-known mark, the original mark owner can raise opposition against an identical or similar trademark application, and raise civil actions to invalidate an identical or similar trademark registration, and against the unauthorised use of such mark for identical or similar goods.
Kinds of Registrable Trade Marks
In Spain, the term “trade mark” includes word mark, device mark, 3D shape mark, color mark, sound mark and their combination.
In addition, there are special trademarks are enacted and protected, such as “collective mark” and “certification mark”.
Required Information and Documents
1. Applicant’s name, address, nationality / company’s registered country;
2. Specimen of the mark to be applied;
3. List of goods/services to be applied, and the class(es);
4. Translation & transliteration of foreign language in the mark; and
5. Priority document, if any.
Timeframe and Procedure for Application
If an application goes smoothly, the whole registration procedure takes about 11-12 months.
A trademark application in Spain usually takes around 6-10 month for examination, if there is no any refusal, it will then publish for 1 month for opposition purpose. If no opposition is filed, a registration certificate will be issued within 1 month after the end of publication.
Duration and Renewal of Registration
A trade mark registration in Spain is valid for 10 years from the date of application, which can be renewed every 10 years, from 12 months before the renewal due date or up to 6 months after the date expires.
Cancellation System
If a registered trademark has not been actual used in Spain by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 5 years, and there are no valid reasons for non-use, any third party can apply for revocation to cancel/remove the registration.
Relevant Information
Spain Trademark Registration Costs and Procedures
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