How to register a trademark in Spain?

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

Before registering a trademark, you should follow these 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 registering it (we’ll talk about that later).
3. Of course, it is essential to carry out a search in the trademark register of the OEPM on its website or to request a search report from a firm such as ISERN. It is important to bear in mind that, although the OEPM is for the registration of a national trademark, it is necessary to find out if your trademark is viable and does not clash with the interests of other trademarks registered at European level with the EUIPO. EU trademarks have their rights protected in each of the member countries of the Union.

After the initial steps, you can proceed to apply to register. Depending on this, you can do the paperwork through the online office of the OEPM, which would save you 15% of the fees to be paid. Also, if you prefer, you can do it in person at:

• The physical headquarters of the OEPM.
• You can also go to the Regional Information Centres for intellectual property in the different Autonomous Communities. If you live in Ceuta or Melilla, or outside Spain, you will file your application with the OEPM.
• You can even file the request to register at the post office using documentation in an open envelope, by registered mail with acknowledgement of receipt. Or you can go to the places provided for in article 16.4 of Law 39/2015, on the Common Administrative Procedure of 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 specific date and time for the filing, as well as a non-modifiable number to identify the file. For the purposes of this, you must file the following requirements:
   • Declaration of application to register the trademark.
   • Your identification and signature.
   • Representation in logo, image or sound, whether in physical or digital format of the trademark.
   • List of the products or services to which the trademark will be assigned.
2. Formal examination. The competent body will verify that your application meets the minimum requirements and assign a filing date. This same entity will inform you of any existing defects so that you can correct them. The deadline for this is one month if you live in Spain and two months if you reside abroad.
3. Referral of the application to the SPTO. If the competent body responsible for the formal examination does not find any defects, or if these have been corrected, it will then refer the application to the SPTO headquarters.
4. Examination of legality. After the formal examination, the SPTO will verify that the application to register a trademark is not contrary to public order or morality. It should be noted that the SPTO may carry out the formal and legality examinations if they were not carried out by a body in your Autonomous Community. The usual procedure is to carry out the procedure before the SPTO.
5. Publication of the application and notification of the same to holders of prior rights. Subsequently, the application will be published in the Official Intellectual Property Gazette. Persons or companies who consider themselves to be adversely affected have a period of two months in which to file a notice of opposition to the granting of the requested trademark.

Substantive examination and grant

Once the period for filing oppositions has ended, a check will be made to see if the application incurs any of the prohibitions indicated in articles 5.1 and 9.1.b of the Trademark Law.

Finally, if the trademark you are applying to register does not fall under any of the aforementioned prohibitions, and if there is no opposition to it, you will obtain the title 24 hours after the resolution is notified. In total, the application process can take from six to twelve months.