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Register a Trademark in Spain

Register a Trademark in Spain

Updated on Thursday 28th September 2017

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register a trademark in spain.jpgWhen 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. 
 
A trademark 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. 
 
Investors are invited to contact our law firm in Spain for more details on the trademark classification.
 

 

Comments

  • Abigail 2017-09-28

    Hello, I would like to know the costs of registering a trademark in this country. I will soon open a store that will sell products addressed to children (toys, clothes and other similar goods).

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