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Registration of trademark in Spain

According to ExpatInsider, Spain comes 2nd out of top destinations for Expats in 2023. Warm climate, delicious cuisine, culture and…great opportunities for work and business!

If you are starting a business in Spain, don’t forget to register your unique trade mark!

There are different ways to protect a Trade Mark in Spain:

  • by European application, which covers 27 countries
  • by registering trade mark in Spain locally 

Option 2 is cost-effective and suitable for small and medium businesses/enterprises, running (or starting their entrepreneurs’ journey) in Spain. One Registration covers all provinces. 

What are the terms of TM registration and certificate validity?

Term of registration is usually 7-9 months. Application should be filed in Spanish with OEPM – Oficina Espanola de Patentes y Marcas. Certificate is valid for 10 years and can be prolonged on the next 10 years

Trademark registration in Spain has an uninterrupted period:

  • Filing of the application. From this point on, there is 1 month for a preliminary examination before the trademark is published in the Official Gazette.
  • After the publication of the trademark, there are 2 months to file oppositions.
  • Upon expiry of the opposition period and if there is no correspondence with third parties, the trademark is again examined for a final decision.
  • Issuance of a permit (without correspondence with the office/third parties) – 7/8 months from the date of filing.

Visually, the whole process can be represented like that: 

We are happy to assist you with:

  • search for identity/similarity before filing an application
  • drafting of a list of goods and services
  • filing a trade mark application in Spain
  • support of office work
  • filing an opposition
  • conducting correspondence regarding oppositions 
  • overcoming previous refusals to register a TM
  • extension of the TM and other issues
  • registration of changes in the name/address of the owner 
  • assignments of rights 
  • issuing licenses – permits for use
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