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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