Trademark and brand registration in Spain

In order to guarantee the ownership and distribution of goods and services in Spain, they must be registered at the governmental institutions at either the national or the European level.

The EU Trademarks and Designs Registration Office (OHIM) is the most reliable institution to register your trademark in Europe. Thanks to this institution, anyone can file a trademark application, though we recommend that you hire a firm with experience in filing. It can save you time and money, especially if someone presents a complaint against your trademark application.

Other registrations outside the traditional trademark are the intellectual property rights for websites, songs, photographs, paintings, and other forms of artwork. This process is simple and inexpensive, and can be done locally, guaranteeing the exclusivity of the use of the artist's work.

Strong Abogados offers you the possibility of protecting your trademark in a simple way. It is possible to either register your trademark in Spain or in the entire European Union. This service includes continuous monitoring of your trademark in the official databases to ensure that nobody copies it. You only have to submit your trademark information and we will walk you through the process.

FAQs:

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What are the advantages of having a trademark registered?

A trademark is an exclusive right which prevents third parties from taking advantage of your reputation in the market. It is also the only way to distinguish the goods and services of your undertaking from those of other undertakings. A trademark registration can prevent the loss of money invested in designs, images, and ad campaigns by third parties who might steal or copy your corporate image.

What can a trademark be composed of?

A trademark can be composed of words, graphic elements, melodies, and three-dimensional figures. Not everything can be a trademark: for example, descriptive terms such as "COFFEE" for coffee beverages are rejected by the official organizations, while the term "COFFEE" for clothing is completely acceptable.

Should I create a Spanish trademark or an EU trademark?

The decision of whether to register your trademark in Spain or in the EU should depend on the scope of your business. With the European Community Trademark, your trademark will be protected in all the states that compose the European Union with a single application. We can register both Spanish trademarks and EU trademarks.

How do I know if my trademark is already registered?

To avoid unnecessary costs of applying for a trademark that is already registered or is very similar to other trademarks, it is possible to do a preliminary feasibility study, to survey both Spain and EU databases in search of trademarks whose owners could object to your application.

What is the International Nomenclature Classification?

When applying for a trademark in Spain or a trademark in the EU, you will be required to classify the goods and/or services you want to protect with your trademark. The International Classification of Goods and Services under the Nice Agreement includes in its 45 classes every possible product or service. We will be glad to help you in case you are not sure how to classify your trademark correctly.

What is the information required when applying for an EU or Spanish trademark?

Requesting your trademark in Spain or the EU is as easy as filing our online forms for the feasibility report, Spanish trademark, or EU trademark. In case you have any doubts, just contact us.

What are the steps in the European Registration process? How long does it take?

Once the forms and Power of Attorney are submitted, we will start working immediately on your trademark. The trademark registration process is simple, and we will inform you of every step we take. Every registration process is different, but the average registration takes from 5 to 10 months to complete if no oppositions are filed against your application.

Once my trademark is registered, do I have to use it?

Use of a trademark is mandatory, especially in the first five years after the registration. If it is not used in trade for the products and services applied for, third parties can propose to cancel your trademark due to lack of use.

How do I know nobody copies/steals my trademark?

Strong Abogados provides a surveillance service to ensure no identical or similar trademarks to yours are registered. When this situation arises, an informative letter will be sent to you so you can make an informed decision about whether to oppose this new registration or not.

What do we need from you?

You choose under which of the 42 classes to register your trademark. These 42 classes are the same in all the EU. Our service includes registering your trademark in one of these classes.

If you are not sure which class or classes your trademark should be registered under, we recommend that you first have this researched. You will be advised about the classes under which your trademark should be registered, and what products/services are included in each class. It is important for your trademark to be registered correctly, as you may not be protected if the registration does not cover the adequate classes.

How long is the trademark valid for?

It is valid for 10 years.