A good trademark should have distinguishing power, as it will enable the user to associate it instantly with your product or service. It is crucial to place this task in the hands of professionals. What can we register as a trademark?
At ALVAMARK, in our capacity as registered agents, we advise the client right from the beginning, in order to achieve appropriate registration coverage, managing the whole process professionally, dynamically and transparently. What services do we include when registering a trademark?
Free Preliminary Investigation
Spanish Trademark Registration
Register your trademark in Spain and protect it from fraudulent use by third parties
Registration of trade names
Register your trade name and prevent its use in similar business activities.
Renew your trademark or trade name before it loses validity in home territory.
The term of registration of a trademark depends on the type of trademark. We notify you six months prior to the expiration date in order to conduct the proceedings unhurriedly.
European Union trademark, Spanish trademark or trade name
The validity of the registration of a European Union trademark, of a Spanish trademark or a trade name will be 10 years, starting on the date of submission of the application, renewable continuously for 10-year terms.
Notification for the renewal of your European Union trademark, Spanish trademark or trade name is sent six months prior to the expiration of the registration, giving sufficient time for you to decide whether you want its renewal, or if you decide not to renew your European Union trademark but would like to retain your rights in certain member states, in which case we would file a transformation application prior to the conclusion of the term required for this purpose.
In the event of non-renewal, the official cancellation of said registration will take effect on the day following the expiration date of the term, it becoming available for a third party to exploit the same and register it in his name.
International trademark or foreign trademark
Regarding the renewal of an international trademark or foreign trademark, the renewal periods depend on the country, and the costs also vary from one area to another. We will keep you informed in a timely manner with regard to these renewal periods.
Request commitment-free information
European Union trademark registration
It’s what’s used to be known as a Community Trademark. Valid in all countries of the European Union with a single application.
International Trademark Registration
Register your international trademark to gain access to new markets outside your country.
Register your foreign trademark to gain access to new markets outside our country.
Request your free preliminary investigation
We monitor your trademark to prevent new applications that might adversely affect your rights.
Daily monitoring and follow-up
From the very moment of the application, thanks to the human and technological resources at our disposal, Alvamark conducts a daily monitoring and follow-up of each and every one of your dossiers, starting from the application, throughout the processing and the entire registration procedure.
Alvamark advises you on the possible action to be taken for the defence of your dossiers up to the granting of the same, and their subsequent maintenance in force. We notify you of new applications that might adversely affect your rights and our professionals provide worldwide backing in the lodging of oppositions or appeals in order to defend your trademarks.
International trademarks and foreign trademarks
Alvamark also offers its clients a meticulous, detailed international monitoring service, performed daily, constantly collating the publications of international databases.
WHAT CAN BE REGISTERED AS A TRADEMARK?
What can be registered as a trademark?
- A name, such as the name of your company or of a line of products.
- A logo, or other type of symbol or design associated with the recognition of a brand.
- A slogan or phrase associated with your brand.
What can’t be registered as a trademark?
- A creative work: a book, a film, a song… These terms would be protected by copyright.
- An invention or any mechanical device, normally protected by a patent.
- An intangible idea.
SERVICES INCLUDED WHEN REGISTERING A TRADEMARK
When registering a trademark a number of services are included, such as a preliminary report to verify the feasibility of the trademark, notification for the renewal of the trademark six months prior to the expiration of the registration, the defence of said trademark and the daily monitoring and follow-up of each registration in order to prevent issues that might adversely affect your rights.
FREE PRELIMINARY INVESTIGATION
Prior to commencing the procedure for the registration of a trademark, it is advisable to carry out a preliminary study in order to establish the probability of success of said trademark, as otherwise not only might the application expenses be lost, but also many months of processing wasted.
At Alvamark we perform this investigation totally free of charge, obtaining identical designations of currently registered Spanish, European Union and international trademarks and trade names, to assess the feasibility of your application.
It is advisable to request a feasibility report, which consists of conducting an investigation analysing all the possible trademark dossiers with similar designations existing in the same business area which might affect the favourable decision on registration.
DEFENCE OF THE TRADEMARK
We provide the necessary advisory and defence services in the event of issues with your dossier.
Spanish trademark or EU name
Alvamark, in its capacity as a legal service provider, provides all the services necessary for defence during the proceedings and the registration procedure of any Spanish trademark or EU name dossier. For this purpose it has a team which exhaustively carries out the defence of the dossiers by means of:
- Replies to suspension
- Appeals against decisions adopted by the Spanish Patent and Trademark Office
Once the administrative route has been exhausted, Alvamark provides services and comprehensive counsel in legal actions before the Courts of Law.
European Union trademarks
In the case of European Union trademarks, Alvamark provides all the services necessary for the processing and the registration procedure in any of the official EUIPO languages (Spanish, English, German, French and Italian).
International trademark or foreign trademark
With regard to international or foreign trademarks, Alvamark has correspondents in all the signatory countries, which enables it to perform in the designated country any procedure required for the effective management of the registration of our clients’ trademarks.
Once the administrative proceedings of the granting have concluded, and any of these types of trademark have been registered, it is necessary to consolidate this exclusive right with the appropriate protection and defence.
This Classification divides products and services into 45 classes for trademark registration. See the Classification
FAQs about Trademarks
What is a Trademark?
A TRADEMARK is understood to be any sign or means which distinguishes similar products or services by different companies in the market. A good TRADEMARK has distinguishing power and differentiating aptitude.
In particular, the following may be trademarks:
- DENOMINATIVE: words and combinations of words.
- GRAPHIC: Graphic symbols, logos, drawings, etc.
- MIXED: the combination of denominative and graphic elements.
- THREE-DIMENSIONAL: Three-dimensional shapes, including the packaging, containers and shape of the product.
- SOUND MARKS: sounds, provided that they can be represented graphically, e.g. with the stave.
What requirements should a GOOD TRADEMARK fulfil?
From a business point of view, when creating a trademark, it is advisable to bear the following points in mind:
- EUPHONY: Names that are difficult to pronounce should be rejected, as should rude expressions or words, endeavouring to tend towards pleasing expressions.
- EASY TO REMEMBER: It must be easy to remember.
- EVOCATIVE: It must be suitable for transmitting the message we want the public to receive.
- PLEASANT: It must evoke pleasant ideas or impressions. Avoid rude words.
What documents are required to start the procedure?
Name and address of the interested party.
Name, emblem or logo to be registered. The application must include a graphic representation of the trademark.
Products to which the trademark will be applied, Name or sign.
Authorisation in our favour, enabling us to act in the name of the interested party.
If in any doubt, do not hesitate to contact us, and we will reply quickly and professionally (contact).
Do I have exclusive rights to use the trademark with all products and services when I register a trademark in one classification of products and services?
As soon as the registration certificate of a TRADEMARK is granted, its owner holds the exclusive rights to its use in business. The name, logo, labels and images distinguish your product or service from other similar products and cannot be imitated or copied.
What are the advantages of registering a TRADEMARK?
Trademark rights are usually limited to those products and services that are identical or similar to the products and services of trademarks that are already registered. Thus, a trademark may have exclusive rights for certain products or services in one or several classes, and another company may rightfully use the same trademark for products or services that are not similar. Most countries have adopted the International Classification of Products and Services system. ALVAMARK can advise you on which classes you should register your trademark in so as to protect it properly.
How can I find out if a Trademark is already registered?
Before applying for a trademark, the Spanish and European Union Trademark databases should be searched. Our office will perform, free of charge, a comprehensive search for your trademark prior to applying for its registration; in this way we can assess the probability of success in the granting of your trademark
Is Spanish registration valid outside Spain?
No, but the owner of a trademark granted by the Spanish Patent and Trademark Office (SPTO) can apply for its registration in any member country of the Madrid Protocol with a single “international application”. It is advisable to obtain advice from an agent with experience in Trademark matters prior to submitting an application.
What is a EUROPEAN UNION TRADEMARK?
A European Union trademark is a symbol used to distinguish products or services and which grants its owner a unitary right that is valid in all the member states of the European Union. The registration application is submitted at the Office for Harmonisation in the Internal Market. We are Authorised Agent Licensees of the Office for Harmonisation in the Internal Market (OHIM – EU Trademarks and Designs) in Alicante. Our branch is conveniently located close by said Office.
What does “A European Union trademark grants a unitary right” mean?
The EU application and the European Union Trademark are valid throughout the European Union. The application and the resulting registration automatically and indivisibly cover the 25 members of the European Union. It is not possible to limit the protection to particular member states. Furthermore, there is only one procedure for registration, which is managed by the Office for Harmonisation in the Internal Market (OHIM). This entails a simplification of the formalities and the procedure:
- a single application;
- a single language for the procedure;
- a single administrative centre;
- a single dossier to process.
For how long is a Trademark registration valid?
Usually, the trademark is granted for ten years as from the date of application, and prior to its expiration it can be renewed indefinitely for successive periods of ten years.
If you have any doubts or would like to receive further information, you can contact us at:
91 576 33 34 (Fax)