Intellectual property (IP) is a key business asset. Whether you’re launching a brand, developing technology, or licensing content, protecting your IP in Spain is essential for long-term success.
This guide explains how foreign and Spanish companies can register, manage, and enforce trademarks, patents, copyrights, and trade secrets.
🧾 What IP Rights Can You Protect in Spain?
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Trademarks: Logos, brand names, slogans
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Patents: Inventions and technical innovations
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Designs: Industrial or product designs
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Copyrights: Original works (software, art, text, music)
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Trade secrets: Confidential business info, formulas, know-how
Spain also adheres to EU and international treaties, meaning broader protections are available via EUIPO or WIPO.
🏛️ IP Registration Authorities
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Trademarks & Patents (Spain): Register via OEPM (Oficina Española de Patentes y Marcas)
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EU Trademarks & Designs: Register via EUIPO
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International filings: Managed via WIPO (Madrid & Hague Systems)
📝 Trademark Registration in Spain
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Conduct a search to check for conflicts
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Submit your application online with OEPM or EUIPO
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Wait for examination and publication period
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Receive approval if no opposition is filed
🔹 Valid for 10 years and renewable indefinitely.
⚙️ Patent Protection in Spain
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Apply for national patents via OEPM
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Or use the European Patent Convention
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Must be novel, inventive, and industrially applicable
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Protection lasts up to 20 years
📚 Copyright & Software Protection
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No formal registration required
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Protection arises automatically upon creation
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Recommended to use registration services for proof of ownership (e.g., Safe Creative or notarial deposit)
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Software is protected as a literary work
🧩 Trade Secrets & Confidentiality
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Must be kept secret and have commercial value
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Use NDAs (non-disclosure agreements)
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Protect access to internal systems, client data, algorithms, etc.
⚖️ IP Enforcement in Spain
If your IP is infringed:
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Send a cease and desist letter
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Initiate civil litigation in Spanish commercial courts
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Use border measures to stop counterfeit imports
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Consider criminal prosecution in severe cases
🤝 How Borderless Lawyers Can Help
We help businesses:
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Register trademarks, patents, and designs
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Draft NDAs, IP clauses, and licensing agreements
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Enforce rights through negotiation or litigation
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Manage international protection via WIPO and EUIPO