SPAIN

COUNTRY : KINGDOM OF SPAIN

CAPITAL : MADRID

LANGUAGE : SPANISH

 

MEMBER : PARIS CONVENTION, WTO-TRIPS, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADRID PROTOCOL, TRADEMARK LAW TREATY, BERNE CONVENTION, WIPO, PCT

The Spanish Patents & Trademarks Office is known as the SPTO administered by Ministry of Industry, Energy and Tourism.

The IP affairs in Spain are looked after by the Spanish Patent Office (OEPM).

The Geographical Indications affairs in Spain are looked after by:

  •  the  Ministry for Health, Fisheries and Food.
  • Autonomous Regional centres
  • Consumer Protection departments

  • ROLE PLAYED BY GEOGRAPHICAL INDICATION SPAIN:
      • GI is a source indicator informing consumers about a product’s origin from a certain place.
      • GI confirms certain special characteristics  inherent to the product.
  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN SPAIN

    • In Spain, there are no specific national laws in place for protection of Geographical and Traditional names. Therefore,

      GIs in Spain are protected by way of the following:

      1. Trademark Law
      2. EC regulations

      Categories of GI Protected:

      1. Indications of Source
      2. Appellations of Origin
      3. Geographical Indications

      GIs may be protected as:

      • Collective Marks
      • Guarantee Marks
      • Certification Marks
  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE SPAIN

    • Geographical Indications are not protectable if:

      • They are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
  • REQUISITES TO BE GEOGRAPHICAL INDICATION SPAIN
  • WHO CAN FILE GEOGRAPHICAL INDICATION SPAIN
  • EXAMINATION OF GEOGRAPHICAL INDICATION SPAIN

    • Applications filed and received by the ministry are checked to see if one or more autonomous centres are involved in the approval process.

      Applicants have to then set up or nominate an inspection body which could either be a public or a private body. This body certifies that the procedures for the production, processing and preparation of a product meet all the specifications.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION SPAIN

    • Applications complying with all formal requirements are approved by the Authorities. If there is no opposition within 2 months post registration of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • USAGE OF GEOGRAPHICAL INDICATION SPAIN
  • Cost of Registration of Trademarks
Geographical News