Spanish Trademark Registration

The duration of the protection of Spanish trademarks is ten years as from the date of official application, and they can be renewed indefinitely.

Alvamark, as official agents, undertake not only the submission of the necessary documentation to the corresponding public body, but also its daily monitoring, likewise the proper counselling in order to obtain suitable registration coverage for the client.

This daily monitoring commences with the application, continues with the processing and the entire registration procedure, likewise the possible defence of the dossier, until its granting and its subsequent maintenance in force, notifying of any possible new applications, filing oppositions or appeals and reviewing publications that might affect the dossiers of our clients.

What is a Spanish Trademark?

A Spanish TRADEMARK is understood to be any sign or means which distinguishes or is used to distinguish similar products or services by different companies in the market. A good Spanish 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 Spanish 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 Spanish 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 Spanish 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 Spanish Trademark is already registered?

Before applying for a trademark, the Spanish and European Community 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.

For how long is a Spanish 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.