• International Country Code:

    ES
  • Time Zone:

    UTC/GMT +01:00
  • Currency:

    Euro (€) (EUR)

Trademark registration in Spain

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  • Trademark fees

Fees associated with filing the trademark application in Spain as well as other trademark fees are available in the fee calculator.

  • Multiple-class applications

Multiple-class trademark applications are possible in Spain.

  • Minimal filing requirements in Spain

To obtain the filing date a trademark application in Spain should contain:
- request to grant a certificate, containing data about the applicant;
- representation of the applied trademark;
- list of goods and services for which trademark is intended to be used;
- confirmation of 
filing fee payment.

  • Requirements to the Power of Attorney

A non-legalized Power of Attorney is required in Spain. It must be submitted simultaneously with filing or within one month from the notification of the Office Action by paying the surcharge.

  • Priority document

Certified copy of the priority document and its Spanish translation must be filed within three months from the date of filing Spanish trademark application.

  • Opposition period

A trademark application in Spain can be opposed within a two-month period from the date of publication of the application.

  • Grant, validity term and trademark renewal

There is no official grant fee needs to be paid. The trademark in Spain is renewable an unlimited number of times for ten years provided that the renewal fees are paid. Trademarks in Spain may be renewed within 6 months before the expiry of the validity term but not later than 6 months after its expiry by paying the extra fees.

  • Use requirement

In case of unexcused non-use of a trademark for five consecutive years starting from the registration date (or the end of the opposition procedure) the trademark is vulnerable to the action of unexcused non-use. Every concerned party can bring the action of unexcused non-use. Periodic statements of use or other mandatory filings by the trademark owner setting forth the use of the trademark are not required.

  • Representation by a trademark attorney

For a trademark applicant not residing in the European Union, it is recommended to perform the trademark prosecution through an agent, a registered Spanish trademark attorney.

  • What can be registered as a trademark in Spain

A trademark in Spain may consist of any sign able to be represented and used to distinguish the goods or services of one company from those of other companies in the market. Such signs may, in particular, be words or combinations of words, including the ones used to identify individuals; images, figures, symbols and drawings; letters, numbers and combinations thereof; three-dimensional forms including wrappers, packaging and the shape of a product or its presentation; sounds;colours;holograms; any combination of the signs which, for declaratory purposes, are mentioned in the previous subparagraphs.

  • Notes

1. Online Search databases: Spanish Trademarks, EU Trademarks, International Trademarks.
2. The trademark protection in Spain may also be obtained via registration of a European Union Trademark.

Brief summary is based on the information provided by IGLOBAX on 15.02.2019
Please contact us if the above information contains any discrepancies with Spanish IP Laws.

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