Why Register a Trademark in Spain?
A registered trademark in Spain offers exclusive rights to your brand name, logo, slogan, or other identifiers. It protects your business identity from competitors and unauthorized use across Spanish territory.
🛡️ Key Benefits:
-
Legal monopoly over your brand in Spain
-
Right to take legal action against infringers
-
Adds value to your company as an intangible asset
-
Can be licensed or sold commercially
-
Provides the basis for EU and international registrations
🧾 Types of Trademarks You Can Register
The Spanish Patent and Trademark Office (Oficina Española de Patentes y Marcas, OEPM) allows registration of:
-
Word Marks: names, letters, numbers
-
Figurative Marks: logos, symbols, graphic design
-
Combined Marks: text and image
-
Shape Marks: product packaging or form
-
Sound Marks: short jingles or unique sounds
🎯 Trademarks must be distinctive, not misleading, and not generic.
📝 How to Register a Trademark in Spain
Step 1: Trademark Search
-
Conduct a prior search on the OEPM database
-
Check for identical or similar trademarks in the same class
✅ This helps avoid conflicts and rejections.
Step 2: Choose the Right Class (Nice Classification)
-
Select goods/services under the Nice Classification system (NCL)
-
One trademark can be registered under multiple classes
📦 Example: Class 25 for clothing, Class 35 for retail, etc.
Step 3: File the Trademark Application
Submit through:
-
Online portal of OEPM
-
Or in person/by post to OEPM offices
Application must include:
-
Applicant details
-
Mark representation (word/logo)
-
List of goods/services
-
Proof of payment
💶 Fee: Varies by class. Starts around €125 for one class.
Step 4: Formal Examination
OEPM reviews:
-
Formal requirements
-
Legal registrability
-
Distinctiveness of the mark
Step 5: Publication in the Official Gazette
-
The mark is published for 1 month
-
Third parties may oppose the application during this period
Step 6: Registration and Certificate
If no opposition or rejection:
-
The trademark is registered for 10 years
-
A digital certificate is issued by OEPM
📌 You can renew indefinitely every 10 years.
🌍 EU and International Protection
European Union Trademark (EUTM)
-
File one application with EUIPO (Alicante-based office)
-
Covers all 27 EU member states
International Trademark (Madrid System)
-
Extend your Spanish mark through WIPO to over 100 countries
-
Requires a base application or registration in Spain or EU
🌐 Ideal for businesses operating across borders.
⚖️ Trademark Enforcement in Spain
If someone uses your registered mark without permission:
-
You can file a civil lawsuit or take action via customs or administrative channels
-
Remedies include injunctions, damages, and destruction of infringing goods
🚨 Criminal penalties may apply in cases of willful infringement or counterfeiting.
👩💼 How Borderless Lawyers Can Help
We guide individuals and businesses through:
-
✅ Trademark searches and eligibility checks
-
✅ Filing with OEPM or EUIPO
-
✅ Defending against oppositions
-
✅ Trademark renewals and portfolio management
-
✅ Enforcing your rights in Spanish or EU courts
📝 Bilingual service | 📁 IP portfolio audits | ⚖️ Legal protection across sectors
🚀 Protect Your Brand with a Registered Trademark in Spain
Whether you’re launching a product, expanding internationally, or rebranding, a trademark is your most valuable legal asset.