How to register a trademark in Spain?
Do you have a project in mind and want to make it a reality? Brilliant! The creative process is the most difficult. However, if you are willing to enter the market, your brand or trade name needs protection. Do you know how trademark registration works in Spain? In this article we tell you everything you need to know about this process and we help you carry out the procedures.
What is a brand?
Trademarks or trade names are distinctions protected by the State that grant exclusivity to their creators to be able to use them in the market. At the same time, they prevent others from using it in Spain and will allow you to distinguish yourself from the competition.
On the other hand, the brand is essential in the field of marketing, advertising and communication. In addition, it serves as a protective tool for consumers and corporate policy.
Main differences between brand and trade name.
Although both are regulated by the Trademark Law and both present very few differences, talking about the brand is not the same as talking about the trade name.
The brand distinguishes the products or services offered by one company from those of another. It can be a word or set of words, a drawing, a color, a shape, a sound...
On the other hand, the commercial name identifies a company in commercial traffic and serves to distinguish the activities of said company from those of others.
In short, we can say that brands serve to distinguish products or services and, on the other hand, trade names are more focused on the business activity they carry out.
From a legal point of view, both have the same coverage, but it may be easier to internationalize a brand than a trade name, so it is more advisable to register the brand and not the trade name.
trademark registration
The registration of trademarks or trade names is carried out in Spain at the Spanish Patent and Trademark Office (OEPM). We refer to the public body in charge of carrying out concessions and registrations of the different types of Industrial Property.
Before applying for a trademark registration, you should know the different types of patents that exist:
- Denominative: they constitute a denomination or a name.
- Mixed: they include a graphic or logo and a name.
- Graphics: include only a graphic or logo.
What can be established as a brand?
- Any sign, in particular words, as well as drawings, figures, letters or sounds. Among other examples, they may be brands if they allow:
- Differentiate your company's products or services from others.
- Be clearly represented in the Trademark Registry, so that the public and authorities are able to identify it.
How is your business trademark registered in Spain?
If you are going to apply for a trademark or trade name, you will need to make sure of some things. First of all, it is advisable that you check that that brand no longer exists, whether identical or very similar. This can be done through a feasibility analysis that allows all Spanish brands to be examined.
Once you have made sure, the next step is to define which products and services you want to protect. You can find all of them in the Nice Classification. It brings together forty-five classes, so you should read carefully, especially because after you have made the request, you will no longer be able to expand more products or services.
Finally, you will have to be able to verify that your trademark is not among the prohibitions of the Trademark Law. Currently, anything that: Goes against the law and public order cannot be trademarks or trade names.
It does not have its own character and is too generic or even frequent in everyday language. It is constituted solely by the shape, nature or any other specific characteristic of the product in question to achieve a technical result.
It can be used in commerce to name the geographical origin, the time of production of the product, the quality or other characteristics of this type.
How is the trademark registration action carried out?
The most convenient way to register a trademark is electronically through the electronic headquarters of the OEPM website. However, there is also the possibility of doing it in physical format. To do this, you must send the documentation to the OEPM through the Regional Industrial Property Centers, in corresponding services of the autonomous communities, in Government Delegations and Subdelegations and in Post Offices.
What are the requirements that you must take into account to register a trademark in Spain?
First of all, it will be essential to present an instance, and if it is a brand that contains some type of visual element or is three-dimensional, you must include a reproduction of it. On the other hand, there are other requirements to obtain a presentation date:
- The declaration that requires the registration of a trademark or trade name.
- Identification of applicants.
- The corresponding authorization if requested through a representative person or company.
- The name and/or graphic representation.
- The product to be protected, according to the Nice Classification.
The presentation date will be granted after the documents are presented at the SPTO's electronic headquarters or, on the contrary, sealed. After this request is made, the OEPM analyzes it. If the trademark has no objection or opposition from third parties, it is granted.
What is the expiration of trademark registration in Spain?
In our country, trademarks and trade names are granted for a period of ten years, with the possibility of renewal. When this period ends and the relevant renewal is not carried out, the trademark expires and it is at that moment that the owner loses exclusivity rights.
In addition, trademarks may also expire in the following cases:
If the trademark is pluralized: in the event that a trademark is so widespread that it does not allow the origin of the company to be identified, a third party can request an expiration action.
If it is not used for what is registered: during the first five years of registration there is an obligation to use the marks as they were registered. If this is not the case, a third party may require the trademark to expire due to lack of use.
What are the benefits you get when registering a trademark in Spain?
If you want to know why it is a good idea to register a trademark in Spain, below we list the main benefits:
- You can prohibit a third party from using your brand (or a similar one) unless they have consent.
- If someone is interested in using the brand, they will have to pay for it through licensing and this could become an added source of income.
- You can access aid and loans.
- Your business will have a more professional image.
Without a doubt, if you want your company to follow a data-driven approach, that is, you want to examine and organize data to improve customer service, carrying out a correct trademark registration is essential. By following the previous recommendations you will not have any problems!
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