Spain
Fees for registering Spain trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Spain are mainly based on the Trademark Law No. 17/2001 of December 7, 2001, and the revised version came into effect on January 14, 2019. The Spanish Patent and Trademark Office is responsible for managing trademark affairs and the official language is Spanish. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law. Spanish trademark registration follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Spain is a party to international intellectual property treaties such as the TRIPS Agreement, Geneva Conventions, Paris Convention, Nice Agreement, Nairobi Treaty, and is a member of both the Madrid Agreement and the Madrid Protocol. Spain is also a member of the European Union, so trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
Trademark Registration Process
At present, the Spanish Patent and Trademark Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Spain include: text, names, letters, numbers, graphics, color combinations, three-dimensional shapes, sounds, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Spain must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Spanish trademark is: application - examination (absolute reasons) - announcement - approval and issuance of certificates. The application will be accepted within 3-5 working days after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement.
The opposition period is 2 months from the date of announcement, and anyone can raise objections to the registration of the trademark. The main reasons for raising objections are:
1. Conflict with prior trademark rights;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Spain takes about 12 months; If things don't go smoothly and there are rejections or objections, the time will be extended, which may take 2-3 years.
Trademark registration materials
The Spanish trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation/revocation application after trademark registration can be filed in accordance with the following provisions of the Spanish Trademark Law:
1. Violating the provisions of the Trademark Law;
2. Malicious registration;
3. Trademarks that are identical or similar to those previously applied for registration by others;
4. Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration.
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