Spain
Legal framework National Distinctive signs are principally governed by the Trademark Act (17/2001), which replaced the former Trademark Act (32/1988) and was complemented by Royal Decree 687/2002. In 2006 the Trademark Act was further amended by Act 19/2006, which implemented the EU IP Enforcement Directive (2004/48/EC). Law 53/2007 of 28 December 2007 introduced certain requirements for persons not domiciled in Spain; Law 2/2011 of 4 March 2011 established a reduction of 15% of official fees for on-line filing.
Trademark registration classification:
Nice Classification
Requirements:
- The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner, if the applicant is a company, the country or state of incorporation.
- Name of the trade mark and one copy of the mark (unless mark is word only).
- class(es) and specification of goods and/or services .
- A non-legalized power of attorney is sufficient, but the original power is compulsory upon requirement by the Spanish Patent and Trademark Office.
- Certified copy of the priority document if claimed.
Procedure:
- The application is filed at the Spanish Patent and Trade Mark Office. E-filing is available.
- The application process includes a formal examination and an examination on absolute grounds for refusal, but no search for prior trademarks.
- Relative grounds for refusal are only examined if opposition is filed by third parties with prior rights. Sometimes, the Spanish Patent and Trademark Office carries out a prior rights examination and sends a communication to those prior owners.
- An accelerated procedure is possible upon payment of a fee. Before registration, the trade mark application is published in the “Boletin Oficial de la Propiedad Industrial” (BOPI), issued daily.
- The processing time from first filing to registration or first office action is approx. 6 to 12 months.
Duration and Renewal: A trademark registration is valid for 10 years from date of application.The registration is renewable for periods of 10 years.
Fee Structure
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