When entering the Spanish market, a foreign investor who will sell products and/or services in this country should register the trademark representing the respective products/services with the local authorities or at an international level. For a trademark registration at the level of the European Union (EU), natural persons and legal entities can address to the EU Trademarks and Designs Registration Office (OHIM). The office receives applications for trademarks and other related intellectual property rights, such as works of art, photographs, websites and others. Our team of lawyers in Spain can provide legal assistance on the legal requirements that have to be met by a trademark registered in this country.
Trademark registation in Spain
If a trademark
is registered at the level of the EU
, the respective trademark
will be protected
in all the member states of the Community
. Businessmen who want to set up a company in Spain
can protect the identity
of their business or products/services
under the regulations established at a national and international level.
can refer to a name, a symbol, a figure, a sign, a word or a mark
that has been established by the company
in order to distinguish the respective company or products
on the markets in which the legal entity
performs its commercial activities. By registering the trademark
, the investors will be able to have exclusive rights on the usage of the respective sign
. The trademark
can also refer to photos, graphic elements
and other elements that represent the identity of a brand or service/products
sold by a company.
When registering a trademark in Spain, the sign should simoultaneously meet the following requirements:
• the sign is free to be used on the local market;
• the sign does not have any negative conotations.
Legislation on trademark registration in Spain
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
, which can be further detailed by our team of Spanish lawyers
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, regions that are operating under the Spanish legislation
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.
Before submitting a request for registering a trademark in Spain or in the EU countries, it is necessary to find out if that trademark was already been registered, so a prior verification is compulsory. In the situation in which the trademark has not been registered with the Spanish authorities, the respective sign has to be included in one of the 45 existing classes, which comprise various economic activities that can be performed here.
It is important to know that a trademark in Spain can be registered with multiple classes.
Registration requirements in Spain
As mentioned above, the trademark should be included in one of the available classes and, in this sense, it is necessary to file for an application that must contain the following minimum documents:
• a request to receive a trademark certificate, in which the investors will provide information on the applicant;
• a representation of the trademark;
• the list of goods/services which will represent the respective trademark;
• a proof on the the payment of the application fee.
The procedure can also be completed by our lawyers
, but only in the situation in which the investors will grant the power of attorney
. The document can be submitted with the registration application.