SPAIN

• Kinds of Trademarks registrable in SPAIN

  • Following indications may be used as Trademarks in Spain:

    • Words & Word combination
    • Slogan
    • Personal names
    • Company names
    • Names of real properties
    • Letters & Numerals
    • Pictures & Designs
    • Shape marks
    • Equipment & Packaging of goods
    • Colour marks
    • 3 Dimensional marks
    • Denominative marks
    • Design / Logo marks
    • Graphic marks
    • Mixed MarksCombination of all of the above.

    Types of Marks registrable:

    1. Collective marks
    2. Certification marks
    3. Marks for non-commercial purposes
    4. Service marks
    5. Well Known marks
• Requisites for a Trademark to be registrable in SPAIN

  • Trademarks must contain the following essential requirements to be registrable in Spain:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and/or phonetically  to prior registered marks pending registration.
• Kinds of Trademarks not registrable in SPAIN

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Spain:

    1. Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    2. Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    3. Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    4. Trademarks or signs contrary to law, public order, morality.
    5. Trademarks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    6. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    7. Trademarks containing or bearing resemblance to another person or  personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    8. Proposed Trademarks being identical or similar to an earlier registered mark including well known marks
    9. Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.

    TrademarkCopia through its associate Law Firms and Lawyers in Spain is at hand to help you with trademark registration and prosecution.

• Trademark Search in SPAIN

  • Search of the trademarks is recommended so as to ensure that the proposed mark is not in conflict with prior registered marks.

    Search is to be carried out separately for phonetically similar trademarks as well. The SPTO carries out search to ascertain similar prior pending marks for a fee.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the SpanishTrademarks Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Spain.

• Trademark Filing in SPAIN

  • Filing is done with the Trademark office of Spain. Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.v  Power of Attorney (POA)
    5. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM  will assist you with the following:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in SPAIN

  • Examination of the trademark application is carried out to check on the compliance with the requirements of the trademarks office pertaining to:

    1. Registrability / Admissibility.
    2. Form & Legality.

    If the trademark application is found to be compliant with all the necessary requisites, it proceeds to the next step.

• Trademark Publication & Opposition in SPAIN

  • Post examination of the trademark application, it is published for interested third parties to file their opposition if any.

    It is to be borne in mind that publication is carried out provided:

    • The application does not have any formal defects, Is error free, and  Is not in contravention of public order & decency
    • If the trademark application encounters any opposition, applicant is to rectify the same withing stipulated time period, else application is deemed abandoned.

    If there is no opposition to the registration of the trademark application, it proceeds for registration.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Spain can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in SPAIN

  • Provided there are no objections or oppositions regarding form and content of the trademark application, a decision concerning registration is made by the IP office.

    Once the trademark application is accepted for registration, the trademark office will enters the details of the trademark application onto the register of trademarks and publishes the same.

    Certificate of registration is then issued to the applicant.

    Trademark registration in Spain is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    •  Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in SPAIN

  • Post Registration: if the trademark is not used continuously for 5 yrs. post registration, it could become vulnerable for cancellation owing to non-use, unless there are valid and tenable reasons for non-use.

• Trademark Cost of Registration in SPAIN

  • Please write mail for the cost of registration of trademark in Spain or European Union to the mail address given below:

    contact@trademarkcopia.com