When your brand, content, or creative work is misused in Spain, you need to act quickly to enforce your intellectual property (IP) rights. Whether it’s copyright infringement, trademark violation, or stolen designs, Spain offers several legal remedies for foreign individuals and businesses.
This guide explains the enforcement paths available.
🚩 Common IP Disputes in Spain
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🏷️ Trademark infringement – unauthorized use of your brand or logo
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🎨 Copyright infringement – copied content, artwork, music, or videos
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🤖 Unlicensed software use or technology theft
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📦 Product design imitation or counterfeits
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🕵️ Online IP violations – domain hijacking, fake accounts, digital piracy
🧰 Enforcement Tools Available
1. Cease-and-Desist Letter
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First step to formally demand the infringer stop using your IP
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Often enough to resolve minor disputes without litigation
2. Civil Lawsuit in Spanish Courts
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Claim compensation, damages, and removal of infringing products
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Seek urgent injunctions to stop ongoing infringement
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Available to foreigners and foreign businesses with legal standing
3. Administrative Actions
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File complaints through the OEPM (for trademarks) or Ministry of Culture (for copyright)
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Request investigation and legal orders against infringers
4. Criminal Complaint (in serious cases)
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Available for cases involving fraud, counterfeiting, or piracy
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Involves police or prosecution and may lead to fines or imprisonment
5. Online Takedown Notices
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Platforms like Google, YouTube, and Instagram allow legal removal requests
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Domain name disputes can be handled through WIPO for .coms or Red.es for .es domains
🌍 Tips for Foreign Rightsholders
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Keep strong documentation of your IP ownership
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Monitor your trademarks and content proactively
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Use a Spanish-based lawyer to represent you in filings and enforcement
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Don’t wait — delay weakens your legal position
👨💼 How Borderless Lawyers Can Help
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Draft and send cease-and-desist letters
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Represent you in court or OEPM disputes
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File online takedown and enforcement actions
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Monitor and protect your IP rights across Spain and the EU
📞 Contact Borderless Lawyers Today
If your intellectual property is being misused in Spain, take action fast. Borderless Lawyers provides expert legal support to foreigners protecting their brands and creations. Reach out for help now.