Trademark registration Spain
In Spain it is impossible to start a legal business without registering a trademark. Local legislation obliges to check and trademark registration in Spain in order to avoid similarities with previously registered brands in the same business segment.
There are several ways to obtain trademark protection in Spain:
- through the national process – that is, by filing an application directly with the Spanish Patent Office;
- within the framework of the EU trademark – Spain is a member of the European Union, therefore, its territory is covered by the single EU trademark;
- through the Madrid System – if there is a national application or registration of a trademark in another member country of the System, it is possible to extend the protection of TM to the territory of Spain.
Our patent attorneys will offer you the best way to protect your trademark in Spain. The registration process has some features and stages, we will consider in more detail.
- For obtain it, you must have an address in Spain (company or representative).
- Individuals and / or legal entities can apply.
- The use of a logo in Spain is not required until the moment of contacting the institution (as, for example, required in the USA).
- The brand is canceled if the owner has not used it for 5 years.
- Under standard conditions, the procedure will take 12 months. If there are objections from third parties, it can take up to 24 months.
Our patent law firm has many years of experience in cooperation with the Spain trademark office, we cooperate directly and in a short time we submit a local application. Then, if necessary, the certificate can be extended to other states. When submitting documents electronically, there is a 15% discount on official fees.
Spain trademark search
Before starting the procedure for registering a trademark, regardless of the country, it is necessary to trademark search Spain for similarity and identity. This service allows you to identify all trademarks registered or filed for registration, which in any way may be the same or similar to the TM being filed for registration.
This avoids the risks of refusal of registration. In addition, fines for illegal use of a trademark, as well as saving money for an advertising campaign in case of promoting someone else’s brand.
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The cost of our service for conducting a trademark check in one class is 35 EUR. We draw up a detailed report and indicate all possible obstacles to registering a trademark in Spain. Our report is a guarantee of successful trademark registration.
How to register trademark in Spain
In order to initiate the trademark registration process it is necessary to prepare and submit an application. As in other countries, a trademark is registered in the specific classes of goods and services for which it is intended. Spain has 45 classes of the International Classification of Goods and Services (Nice Classification), where 34 classes are goods and 11 classes are services. To select classes for registration of TM, it is better to contact a patent attorney. You can view and select classes for registration here.
After filing the application and paying the fees to the Spanish patent and trademark office, the formal examination begins. During it, experts evaluate the correctness of the choice and interpretation of classes, check the application for compliance with legislative norms. Also, experts identify TMs similar to those declared, and send them appropriate notification letters to challenge the current registration. Therefore, it is important to conduct a primary search and exclude the receipt of opposition letters.
Upon completion of the formal examination, information about the trademark is published in the Spanish Trademark official gazette, which is available on the website of the Patent Office. Next, a 2-month process of opposition begins. During this period, anyone can file a protest against the registration of this TM. We warn the client in advance about the possibility of such letters and minimize this. After this period and payment of the fee for issuing a trademark certificate, the Office issues a certificate for the trademark in Spanish. The validity of the certificate is 10 years with the possibility of renewal, for a fee, every 10 years.
The cost of registering trademark Spain
The price is formed from the services of a patent attorney and official fees of the office. Trademark registration in Spain is subject to the following fees for TM:
- for filing an application in one class EUR 127.88 + EUR 82.84 for each subsequent class of the Nice Classification
- for obtaining the priority of the application EUR 17.55
- request to the Office EUR 48.61
- expedited procedure consideration of an application EUR 47.05
- for the issuance of a certificate EUR 15.11
- for rights management (issuance of a license, transfer of rights) EUR 29.86
- for the formation of an international application based on a national Spanish application for TM (Madrid System) EUR 38.13 for
- renewal of the certificate for TM in one class 174.18 EUR +116.95 EUR for each subsequent class of the Nice Classification
The services of a trademark attorney depend on the operation with a trademark. So, the lawyer’s fee for trademark registering Spain in one class will be 350 EUR. Preparation of opposition in favour of trademark registration from 500 EUR, renewal of validity from 75 EUR
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