How to register a trademark in Spain?

A trademark is the name or trademark that differentiates the products and services of a given organisation from similar products and services produced by different companies. In this sense, trademarks can be individual or collective. The latter may belong to the members of an association of manufacturers, service providers or traders.

Before registering a trademark, you should take the following steps:

1. First, choose a valid and suitable name that will promote the sale of your products.
2. Find out if there are any legal restrictions on registration (more on this later).
3. Of course, it is essential to carry out a search in the trademark register of the SPTO on its website or ask a firm such as ISERN for a search report. Keep in mind that, although the SPTO is for the registration of a national trademark, you should find out if your trademark can be viable and that it does not clash with the interests of other trademarks registered at European level before the EUIPO. EU trademarks have their rights protected in each of the EU member states.

After the initial steps, you can proceed to apply for registration. Depending on this, you can do the formalities through the SPTO’s electronic office, which will save you 15% of the fees to be paid. Alternatively, if you prefer, you can do it in person:

• The SPTO’s physical headquarters.
• You can also go to the Regional Intellectual Property Information Centres of the different Autonomous Communities. If you live in Ceuta or Melilla, or outside Spain, you will file your application at the SPTO.
• You can also file the request for registration at the Post Office by means of documentation in an open envelope, by registered post with acknowledgement of receipt. Or you can go to the places provided for in article 16.4 of Law 39/2015, on Common Administrative Procedure for Public Administrations.

What are the procedures?

Specifically, the procedures for registering a trademark are as follows:

1. File the application. The SPTO will assign a precise date and time for the file, as well as a non-modifiable number to identify the file. For this purpose, you must file the following requirements:
   
   • Declaration of application for trademark registration.
   • Your identification and signature.
   • Representation in logo, image or sound, either in physical or digital format of the trademark.
   • List of the goods or services to which the trademark will be assigned.
2. Examination as to form. The competent body will verify whether your application meets the minimum requirements in order to assign a filing date. This same body will inform you of any existing defects in order to remedy them. The deadline for this is one month if you live in Spain and two months if you live abroad.
3. Forwarding the application to the SPTO. Then, if the competent body for formal examination does not find any defects, or if these have been remedied, it will send the application to the SPTO headquarters.
4. Examination of lawfulness. After the formal examination, the SPTO will verify that the application to register a trademark is not contrary to public policy or morality. It should be noted that the examinations of form and lawfulness may be carried out by the SPTO if they were not carried out by a body of your Autonomous Community. The usual procedure is to carry out the procedure before the SPTO.
5. Publication of the application and notification of the application to holders of prior rights. Subsequently, the application will be published in the Official Industrial Property Gazette. Persons or companies that consider themselves to be harmed have a period of two months to file a notice of opposition to the Grant of the trademark applied for.

Substantive examination and grant

At the end of the opposition filing period, it will be checked whether the application is subject to any of the prohibitions set out in articles 5.1 and 9.1.b of the Trademark Act.

Finally, if the trademark whose registration you are applying for does not fall under any of the aforementioned prohibitions, nor is there any opposition against it, you will obtain the title 24 hours after the decision is notified. In its entirety, the application process can take from six to twelve months.