When entering the Spanish market, a foreign investor who will sell products and/or services in this country should register his trademark with the local authorities or at international level. For a trademark registration in EU, there is EU Trademarks and Designs Registration Office (OHIM) where you can send an application for your trademark and also for the intellectual property rights for other properties, such as a works of art, photographs, websites etc.
This way, your trademark will be protected in EU countries: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.
The foreign investors will have to decide if they choose to register their trademarks only in Spain or also in other European countries. The Spanish legislation related to trademark registration is based on Trade Mark Act no. 17/2001 that came into force one year later. The old legislation on trademark registration is also applied for the trademarks that were registered before 2002 until they will be renewed. The Trade Mark Act no. 17/2001 was amended a few times and the changes are to be found in the Law 19/2006, Law 53/2007, Law 2/2011.
A trademark that is registered in Spain is also protected on the territories of the Balearic Islands, the Canary Islands, Ceuta and Melilla in Northern Africa, that belong to Spain. The registration is necessary in order to prevent the usage of a trademark by a person who doesn’t have any legal right to do so. The trademark includes words, photos, graphic elements and other elements that represent the identity of a brand or service/products sold by a company.
Before submitting your request for registering a trademark in Spain or in EU countries, you need to find out if that trademark was already been registered, so you need to verify it. After you are sure that your trademark is not registered yet, you will have to choose a class out of the 45 existing classes and if you are not sure which one is suitable for your products/services, you may contact a Spanish attorney who can handle the registration procedure.
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