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| What is a Trademark? | A trademark is a symbol, phrase, or word that identifies and distinguishes a specific product or service. It legally sets a product or service apart from others in the market and determines the ownership of the company’s brand. |
| Timeframe | The time taken to obtain trademark registration in Spain is Six to Eight months. |
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| Types of Trademark Registration |
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| Who Can Register? |
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Expand your market reach while maintaining full control over your brand identity. Trademark licensing in Spain helps you protect your intellectual property and build a strong commercial presence in one of Europe’s most dynamic environments.
Trademark registration in Spain is a vital step for any business looking to protect its brand from misuse, imitation, or counterfeiting. By securing a trademark, businesses gain exclusive rights to use their name, logo, or slogan, helping them stand out in a competitive market. This not only builds brand recognition but also offers legal protection against unauthorized use by third parties.
Spain, with a population of over 46 million, is the fourth-largest economy in the European Union and a strategic location for business expansion. Given its economic strength and consumer market potential, it is strongly recommended that businesses operating in Spain obtain trademark registration. The process begins by filing an application with the Spanish Patent and Trademark Office (SPTO), following the Nice Classification system that categorizes goods and services for trademark purposes.
Enterslice offers end-to-end assistance with the trademark registration process in Spain. Our services include trademark search and consultation, preparation and submission of documents, filing with SPTO, and monitoring the application status. We also assist with addressing objections or oppositions, if any arise, and provide post-registration support such as renewals and licensing. With our legal expertise and local knowledge, we ensure a smooth and compliant registration experience for your brand in Spain.
Multiple Class Applications
10 years validity
Nice Classification
Spanish Patent and Trademark Office (SPTO)
European Union Intellectual Property Office (EUIPO)
100% success rate
The list of benefits of trademark filing in Spain is as follows:
Trademark registration in Spain grants the owner the exclusive right to use the mark in connection with specific goods or services, preventing others from using a similar or identical mark without permission.
Trademark filing in Spain provides a strong legal foundation to enforce rights against infringement, counterfeiting, and unauthorized use through courts and relevant authorities.
Trademark registration protects your brand's name, logo, and identity, ensuring that customers can easily distinguish your products or services from competitors.
A registered trademark is an intangible asset that adds value to your business, making it more attractive to investors, partners, and potential buyers. It is one of the significant benefits of trademark registration in Spain.
Trademark protection in Spain strengthens your position in the marketplace by building customer loyalty and trust, giving you an advantage over unregistered competitors.
Trademark registration in Spain also facilitates international brand protection, especially through mechanisms like the Madrid System, making it easier to expand globally.
Once registered, a trademark in Spain can be renewed indefinitely every ten years, offering long-term brand protection and business continuity.
Trademark owners are legally entitled to oppose the registration of new marks that are identical or confusingly similar to their own, protecting brand integrity and market space.
Trademark registration in Spain empowers the owner to prevent unauthorized third parties from using similar marks that could mislead consumers or dilute the brand's identity.
Trademark registration in Spain helps distinguish your products or services from competitors, enhancing visibility, customer recognition, and trust in the marketplace.
As an intellectual property asset, a trademark can significantly increase a business's worth and be monetized through licensing, franchising, or sale.
Trademark owners can record their rights with customs authorities, allowing border control to block the entry of counterfeit or infringing goods into the market.
Trademark protection in Spain provides a formal, legal presumption of ownership, making enforcement easier and more efficient in legal disputes.
Registered trademarks can be transferred or assigned at the owner’s discretion, offering strategic flexibility in managing business or IP portfolios.
Consumers are more likely to trust brands with registered trademarks, as they represent legitimacy, consistency, and legal protection in the marketplace.
The step-by-step procedure to register a trademark in Spain is as follows:
Firstly, the applicant needs to conduct a preliminary Spain trademark search to check the availability of the trademark in the Spanish Patent and Trademark Office (OEPM). This step will reduce the risk of future opposition or potential conflicting trademarks.
Followed by identifying the appropriate class or classes under the Nice Classification system. This classification helps define the scope of protection for your trademark, whether it's for goods, services, or both.
Once the classification is determined, the applicant must file a Spain trademark application with the Spanish Patents and Trademarks Office (SPTO). The application should include a clear representation of the trademark, a description of the goods or services, full applicant details, and, if applicable, an authorisation signed by the applicant’s representative.
After submission, the SPTO examines the application to ensure all formal requirements and technical standards are met. If everything is in order, the trademark is published in the Official Industrial Property Gazette (BOPI).
A two-month opposition period begins after publication. During this time, third parties may file objections or observations against the trademark registration. If no opposition is raised, the SPTO then checks the trademark against the absolute grounds for refusal under Spain’s Trademarks Law 17/2001.
If no grounds for refusal are found and no valid opposition is filed, the SPTO issues the Trademark Registration Certificate, officially registering the mark in Spain.
The timeline for the Spain trademark registration process approximately takes 6 to 8 months, depending on the case by case:
Submit your application to the Spanish Patents and Trademarks Office (SPTO), including all necessary documents and details.
SPTO reviews the application for completeness and compliance with formal requirements.
If the application passes formal checks, the trademark is published in the Official Industrial Property Gazette (BOPI).
A 2-month window begins, during which third parties can file objections or oppositions.
If no opposition is filed (or opposition is resolved), SPTO reviews the trademark for absolute grounds for refusal under Spanish law.
Once approved, the Trademark Registration Certificate is issued, and the trademark is officially registered in Spain.
The list of documents required to register a trademark in Spain is given below:
Name and address of the applicant
A clear representation of the trademark
A list of goods or services
A power of attorney
A priority document
A certified copy of any foreign registration
Trademark protection in Spain is initially granted for a ten-year period starting from the filing date. After this period, trademark licensing in Spain can be renewed indefinitely in successive ten-year intervals, provided all legal conditions are met. Trademark owners must file for renewal within six months before the expiration date. However, if this window is missed, Spain offers a six-month grace period after the expiry, during which the trademark can still be renewed by paying an additional surcharge. Failure to renew within this grace period will result in the removal of the trademark from the register, and the loss of legal protection.
To ensure uninterrupted protection, it is important for trademark holders to track renewal deadlines carefully and file on time. The system provides flexibility while encouraging timely renewals to maintain exclusive rights over the brand.
Expert Handling Ensures a High Renewal Success Rate
Swift and Efficient Renewal Process
Access to 500+ Local Trademark Experts
99% Success Rate in Renewal Filing
Before submitting a Spain trademark application, the applicant must identify the appropriate type of trademark registration that best suits their business identity and needs. Below is an overview of the different types of trademarks available in Spain:
Protects brand names in plain text without design elements, like the word "Nike" in a standard font.
Covers graphic designs or logos without words, such as Apple's bitten apple symbol.
Safeguards the unique 3D shape of products or packaging, like the Coca-Cola bottle's distinctive contour.
Protects how a mark is specifically placed on products, such as Adidas stripes on shoe sides.
Registers repeating decorative designs, exemplified by Burberry's signature check pattern.
Covers animated or moving elements, like the animated Nokia handshake logo.
Protects recognizable audio signatures, such as the MGM lion's roar or Intel's chime.
Registers distinctive single colors or color combinations, like Tiffany's robin's-egg blue.
Protects changing holographic images often used for security, like those on credit cards.
Combines protection for both audio and visual elements, such as Netflix's animated intro with sound.
To register a trademark in Spain, applicants must meet specific eligibility criteria. Below is a checklist of who can apply for trademark registration:
The list of industries required to register a trademark in Spain is as follows-
Industries Seeking Trademark Registration in Spain
Business Types Needing Trademark Protection in Spain
The post-registration compliances for trademark registration in Spain are as discussed below:
With specialized expertise in pan-European IP law, Enterslice delivers streamlined trademark registration services in Spain through our team of seasoned legal professionals. We transform complex registration processes into efficient, compliant solutions that align with both Spain's Trademark Law and EU regulations. Discover why international brands consistently rely on Enterslice for comprehensive Spanish trademark protection-
A trademark is a distinctive sign or symbol that identifies a company’s products or services in the market and distinguishes them from those of its competitors. In Spain, when registering a trademark, you must select the appropriate classes of goods or services according to the Nice Classification system.
The different types of trademarks are word marks, figurative marks, shape marks, position marks, pattern marks, colour marks, sound marks, motion marks, multimedia marks, hologram marks, etc.
In Spain, trademark registration is valid for ten years from the date of application. It can be renewed indefinitely as long as the renewal fees are paid on time.
When you register a trademark in Spain, your mark will be protected in Spain’s national territory, including mainland, Balearic and Canary Islands and Ceuta and Melilla cities.
The different types of trademarks that are non-registrable are as follows:
The list of advantages of trademark registration in Spain is mentioned below-
In Spain, it is mandatory to use a registered trademark within five years of receiving the registration certificate. If the trademark is not used in connection with the goods or services it was registered for, third parties may request the cancellation of the trademark due to non-use.
There are three routes to obtain trademark registration in Spain:
The list of people entitled to oppose the trademark jurisdiction in Spain is as follows:
No, it is not mandatory to have a trademark to operate a business in Spain, but having a registered trademark will protect and safeguard your brand and eliminate the possibility of being used by competitors.
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“I have registered my Trademark through them. The application was filed within 3 days. And the charges were also very reasonable. We got TM Approved in 6 month’s time without any re-submission or objection. They charge high to deliver the best in industry.”
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