If you’re launching a business or product in Spain, registering your trademark is one of the smartest legal moves you can make. A registered trademark gives you exclusive rights to use your brand and helps prevent others from copying or misusing it.
This guide explains the trademark registration process in Spain, step-by-step.
📌 Why Register a Trademark in Spain?
-
✅ Legal protection for your name, logo, or slogan
-
✅ Exclusive use across Spain for 10 years (renewable)
-
✅ Power to stop competitors or counterfeiters
-
✅ Adds value to your brand and IP portfolio
-
✅ Required for enforcement in court
🧾 What Can Be Registered?
You can register:
-
Words (brand name, slogan)
-
Logos or images
-
Combination marks
-
3D shapes, sounds, and colors (in some cases)
❌ Generic or descriptive terms cannot be registered (e.g., “Coffee” for coffee products).
🏛️ Where to Register
There are three levels of trademark protection:
| Jurisdiction | Authority | Coverage |
|---|---|---|
| National | OEPM | Spain only |
| European | EUIPO | All EU countries |
| International | WIPO | Multiple countries (via Madrid System) |
📝 Trademark Registration Process in Spain (via OEPM)
-
Search for Conflicts
Use OEPM’s database to check existing trademarks. -
Submit Application
Include: owner details, classes (Nice Classification), graphic/logo files. -
Examination Phase
OEPM reviews for legal and formal issues. -
Publication & Opposition (2 months)
Third parties can oppose if your trademark is similar to theirs. -
Approval & Registration
If no opposition, your mark is registered and published.
🕒 Timeline: ~4 to 6 months (if unopposed)
💶 Cost: ~€125 for one class + ~€80 for each additional class
🧮 Trademark Classes: Nice Classification
Your application must specify which classes of goods or services it applies to (there are 45 total). For example:
-
Class 25 – Clothing
-
Class 35 – Advertising & Business Services
-
Class 41 – Education & Entertainment
Choose carefully — your rights are limited to the selected class(es).
⚖️ What If Someone Infringes Your Trademark?
If your registered mark is copied or misused, you can:
-
Send a cease and desist letter
-
Request injunctive relief from Spanish courts
-
File for damages or unfair competition claims
-
Ask customs to stop counterfeits at the border
🌍 Should I Register with EUIPO or WIPO?
-
Use EUIPO if you plan to operate across the European Union
-
Use WIPO for international markets like the U.S., China, or Latin America
-
Spain is part of the Madrid Protocol, making global registration easier
🤝 How Borderless Lawyers Can Help
We support individuals and companies in:
-
Conducting trademark searches
-
Filing and managing national, EU, or international trademarks
-
Opposing third-party filings or defending against opposition
-
Enforcing your rights in Spanish or EU courts
📞 Need help registering your trademark in Spain? We’ll handle it from search to certificate.