Because Spain is a “first to file” nation, trademark registration is required to get rights to a trademark. Unregistered trademarks can only be protected in rare circumstances. The Spanish Patent and Trademark Office (OEPM) is where trademark applications must be filed.
Because Spain is a member of the European Union, European Union Trademarks (EUTM) are protected in this country. It is also a Madrid Protocol member state. As a result, this country can use the Madrid System to extend an international trademark registration.
In the Canary Islands, Ceuta, and Melilla, a trademark registered in Spain is protected.
Filing requirements of trademark registration application in Spain
The Spanish Patent and Trademark Office’s official language is Spanish. In no other language is it possible to file a trademark application in this country.
In order to receive the filing date, a trademark application in Spain must include the following information:
– a request to grant a certificate, containing data about the applicant;
– representation of the applied trademark;
– a list of goods and services for which trademark is intended to be used;
– confirmation of the filing fee payment.
In Spain, a non-legalized Power of Attorney is required. It must be provided at the same time as the filing date, or within one month of getting notified from the office with the request of the POA (additional fee applies).
Within three months of filing a Spanish trademark application, a certified copy of the Priority Document and its Spanish translation must be filed.
Examination, publication and opposition to a trademark application
In Spain, a trademark application is subjected to a formal examination as well as an examination of absolute grounds for rejection. In Spain, a trademark application can be opposed within two months of the application’s publication date. The applicant has one month from the date of the opposition to file a response.
Grant, validity term and trademark renewal
There is no official grant fee to pay in Spain, a trademark’s validity period is ten years from the date of filing, it can renewed an unlimited number of times for ten-year periods. Renewal request must be submitted at least six months before the validity period expires, and no later than six months after it has expired with a additional fee must be paid.
How long does it take to register a trademark in Spain
In Spain, it takes between 6 and 15 months from the time a trademark application is filed to the time the trademark is registered.
Use requirement
Unexcused non-use of a trademark for five years from the date of registration (or the completion of the opposition procedure) makes the trademark exposed to the action of unexcused non-use. Any informed party can file a claim for unjustified non-use.
Representation by a trademark attorney in Spain
It is necessary for trademark applicants who do not reside in the European Union to register their trademarks through an agent, and a registered Spanish trademark lawyer.
Please find the list of IP firms in Spain here