Practical Guide to Registering and Renewing a Trademark in Spain
Registering a trademark is essential to protect your business identity and differentiate your products or services. Follow these steps to ensure its legal protection both in Spain and internationally.
Registering a Trademark in Spain
Availability Check
Before registering, use the OEPM search tool to make sure it’s not already in use.
Filing the Application
You can file your application in person at the OEPM or through its online portal, paying the corresponding fee.
Type of Trademark and Classification
- Word Mark (text).
- Figurative Mark (logo or image).
- Three-Dimensional Mark (distinctive shape).
Additionally, trademarks are classified under the Nice Classification based on products or services.
Publication and Opposition
The trademark is published in the BOPI for two months to allow for potential oppositions.
Resolution and Registration
If there are no objections or they’re resolved in your favour, the OEPM will register it within 8 to 14 months.
Duration and Costs
A trademark is valid for 10 years, renewable. In 2024, the fee is 150.45 euros.
International Protection
You can extend the registration through the EUIPO for the EU or the WIPO for other countries.
Renewing the Trademark
Requesting Renewal on Time
It should be done within the six months before expiration.
Required Documents
- Application form.
- Holder’s details.
- Registration number.
- Indication of full or partial renewal.
- Payment of fees.
Surcharges and Publication
- First three months: 25% surcharge.
- Next three months: 50% surcharge.
Once renewed, it’s published in the BOPI.
What to Do if There’s a Similar Trademark?
- Verify if it’s still active.
- Check what class it’s registered in.
- Assess the degree of similarity (name, logo, pronunciation).
- Modify your trademark to make it distinct.
- Negotiate permission with the holder.
- If you proceed, prove it doesn’t cause confusion.
- Consult with an intellectual property lawyer.
- If you submit the application, argue the distinction.
Conclusion
Registering and renewing a trademark protects its exclusivity and value in the market. Avoid additional costs by meeting deadlines and fulfilling requirements.
Valero Tax Legal offers expert guidance throughout the process. Get in touch with us:
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