Registering Trademarks and Patents in Spain

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In Spain you can protect industrial property through national filings or through European systems that also cover Spain. Choosing the right route depends on whether you plan to sell only in Spain or across Europe.

1. Trademarks

• Spanish trademark: filed with the Spanish Patent and Trademark Office (OEPM), multi-class, with a two-month opposition period after publication. Uncontested applications are usually registered within a few months.
• EU trademark: filed with the EUIPO, it covers all EU member states, including Spain, with a single registration.
• Madrid Protocol: an international registration can designate Spain or the EU.
• Term and use: 10 years, renewable. Marks not genuinely used for five years can be revoked.

2. Patents and utility models

• Spanish patent: filed with the OEPM, with substantive examination; 20 years from filing.
• European patent: granted by the European Patent Office and validated in Spain.
• Unitary Patent: Spain does not take part in the Unitary Patent or the Unified Patent Court, so European patents still need to be validated and enforced in Spain separately.
• Utility models: 10 years, a faster and cheaper option for practical improvements.
• PCT: Spain can be reached through the PCT, either nationally or via the European route.

3. Designs

Designs can be protected nationally with the OEPM or across the EU with a registered EU design, renewable in five-year periods up to 25 years. Unregistered EU designs also give short-term protection after disclosure.

4. Practical tips

• If you plan to sell in several EU countries, an EU trademark is usually more efficient than national filings.
• Check for earlier national and EU rights; a conflict in any EU country can block an EU trademark.
• Customs applications at EU level help stop counterfeits entering through Spanish ports.
• For Latin American expansion, Spanish filings can support priority claims within the Paris Convention deadlines.

The views expressed are personal and do not necessarily represent the position of NET CRAMAN. This article is for general information only and does not constitute legal advice. Rules change over time; seek specific advice before acting.