IP for Startups in Spain: What to Protect and How to Do It
Whether you’re building the next great app, designing eco-products, or launching a bold new brand, intellectual property (IP) is key to your startup’s value and long-term success.
In this article, we walk you through the essential IP protections for startups in Spain — what to protect, when, and how.
🧠 Why IP Matters for Spanish Startups
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Attracts investors and protects your innovation
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Prevents copycats and unfair competition
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Increases business valuation
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Essential for licensing, franchising, and exit strategies
Failure to secure IP early can lead to expensive legal problems later.
🛡️ 1. Protect Your Brand: Trademarks
Register your startup name, logo, and slogan with:
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OEPM (Spain-only coverage)
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EUIPO (EU-wide protection)
This ensures exclusive rights and prevents competitors from using similar brand elements.
💡 Tip: Run a trademark search before choosing your company name.
💻 2. Protect Your Product: Software, Apps & Interfaces
Most digital startups need to protect:
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Source code (via copyright)
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UI design (via design rights)
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Databases and backend architecture
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APIs or integrations
Consider filing a copyright registration or timestamping your work via Safe Creative or notarial deposit.
🎨 3. Protect Your Visual Identity: Design Rights
Register:
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Product packaging
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Digital interfaces
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Icons or app layouts
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Physical product design
You can register with OEPM, EUIPO, or internationally via WIPO (Hague System).
🧾 4. Protect Know-How: Trade Secrets & NDAs
Startups often rely on confidential methods or business models.
To protect trade secrets in Spain:
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Limit access internally
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Use non-disclosure agreements (NDAs)
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Maintain secure documentation
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Train your team on confidentiality
📜 5. Use Strong IP Clauses in Contracts
Ensure IP is owned by the company, not by freelancers, founders, or developers. Key contracts include:
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Founder agreements
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Employment contracts
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Software development contracts
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Investor term sheets
🔒 Without these, your IP could legally belong to someone else.
📈 6. Register Early — But Strategically
Registering all IP at once may be costly. Instead:
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Prioritize core assets (e.g., brand name, codebase)
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Time filings with funding rounds or launch dates
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Use EUIPO’s Fast Track system for speed
⚖️ 7. Enforce Your IP Proactively
Don’t wait for infringement:
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Monitor trademarks and app stores
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Send cease & desist letters
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Use customs or online takedowns
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File lawsuits if necessary
🧩 8. Leverage IP for Growth
You can use IP to:
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License technology to third parties
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Franchise your business model
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Attract VC funding (investors often look at IP portfolios)
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Increase M&A value in future exits
🤝 How Borderless Lawyers Can Help
We guide startups through:
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Trademark and design registrations
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Drafting NDAs, founder, and licensing agreements
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IP audits and investor due diligence
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Dispute resolution and enforcement
📞 Launching a startup in Spain? Make sure your innovation is protected from day one.