Introducing Nomads Home: Lexidy’s Work From Anywhere Platform – Go Borderless Today! 🗂✅🖥
 
 

Trademarks in Spain

Register and protect your trademarks in Spain and across Europe.

What is a trademark and why is it important?

A trademark is a distinctive sign. Its function is to differentiate and individualise goods or services on the market from other identical or similar goods or services. It also identifies a business origin and, to a certain extent, is an indicator of quality and a means of sales promotion.

The importance of leaving an unmistakeable and memorable mark in the minds of customers cannot be understated. Brand recognition and validation help generate loyalty and trust with consumers and ensures that products are sold again and again within a competitive marketplace.

The owner of a registered trademark can prevent any third party from using any similar or identical signs during the course of trade, without consent. This prevents confusion and gives the trademarked brand greater commercial value and gives a more serious, professional image: If someone wants to use your trademark, they must license it from you for a fee.

How can I obtain a trademark?

The process begins with the Spanish Patent and Trademark Office website. First, you need to check that the trademark hasn’t already been registered. If your trademark is available, you must complete the trademark registration application on the website and await the resolution, which can takes no longer than 12 months. If someone opposes your trademark or you lack appropriate documentation, it can take up to 20 months.

Examples of trademarks

The following can be trademarked:

  1. Words and/or names.
  2. Figures.
  3. Figures with words and/or name elements.
  4. Shapes.
  5. Shapes with words and/or name elements.
  6. Patterns.

These are the most common types of trademarks, but there are other examples. Please contact a Lexidy legal expert for a comprehensive list.

How can a lawyer help me?

The help of a lawyer in the trademark registration process is very important. They help to simplify the process and increase the chance of successfully registering your brand.

A lawyer will advise on whether it’s necessary to register a trademark as sometimes there are more suitable routes to achieve a client’s goal. If registering a trademark is the right move, a Lexidy lawyer will discover if the trademark is already registered and  then process the required documentation. They will also help avoid any opposition to the trademark’s registration.

Once the trademark is registered, our lawyers will advise on how to protect it from third parties.

¨We will be with you each step of your journey.¨

– Immigration Team

Lexidy is a modern, dynamic, and innovative law firm. We always put customers at the center of our work and do our best to give an exceptional experience. Our expertise in Spain and Portugal allows us to solve complex problems thoroughly and cut all the risks before they may happen.

What's needed to register a trademark?

The main requirement for a trademark is ensuring that it’s not already trademarked. After this the process is as follows:

  • Filing the trademark registration application.
  • Identifying the applicant(s), whether a natural person or legal entity. If the application is made through a representative, the representative’s documentation must be provided.
  • The goods and services to be protected, in accordance with the Nice Classification.
  • For trademarks with graphic elements, you must include a reproduction of these.
  • For 3-D trademarks, its reproduction must be graphic or 2-D via a photograph.
  • Payment of application fees.

Find you Corporate Lawyer

Héctor Lopez Vazquez

Héctor Lopez Vazquez

Head of Corporate Department
Madeleine Cadwell

Madeleine Cadwell

Lawyer
Francesca Coluccio

Francesca Coluccio

Trainee
Luisa Rivera

Luisa Rivera

Trainee

Frequently Asked Questions

The processing takes approximately six months. However, according to the Trademark Law, the maximum period available to the Spanish Patent & Trademark office is 12 months if the application has not been rejected and has not been opposed. This increases to 20 months if it has been rejected or has been opposed.

The trademark registration last ten years from the date of application, after which it must be renewed six months before it’s due to expire. A surcharge is applied if it’s within a six-month window of expiry. The surcharge is 25% for the first three months and 50% for the following three months.

Trademarks are protected throughout Europe and can be applied for directly at the European Union Intellectual Property Office.

International trademarks, however, don’t guarantee adequate protection in all countries worldwide. This type of trademark is part of a registration system for countries that are members of the Madrid System and parties of two international treaties, known as the Madrid Agreement and the Madrid Protocol.

Trademarks are not enforceable globally but only in the countries that are members of the Madrid System. This covers 116 countries and trademark can be protected in the European Union this way.

It should always be noted that the system cannot be used to protect trademarks in other non-member countries.

The following can be trademarked:

  • words, including personal names
  • designs
  • letters
  • numerals
  • colours
  • the shape of the product or its packaging
  • sounds

However, they must:

  • distinguish the goods or services of one business from those of other businesses.
  • be represented in the Register of Trademarks so that authorities and the public at large to determine the clear and precise subject matter of the protection and precise object of the protection granted to its owner.

Trademark Law simply states that it’s not possible to register trademarks where there is a risk of confusion by the public. This risk includes the probability of association with the earlier trademark.

You can visit the Spanish Patent and Trademark Office website and search its database. You can search for national trademarks, European trademarks and international trademarks that are in effect in Spain. If it does not appear there, it is not registered.

The cost of registering a trademark depends on the method of payment.

If paid digitally, it costs €126.61 for first class registration and €82.02 for the second class. other methods cost €148.96 for first class and €96.51 for second class.

For a European trade mark, there’s also a difference between digital and other registration methods. Digital costs €850 euros, while other methods are €1000 for first class. For second class, both cost €50.

Es importante aclarar que, una vez presentada la marca, los productos y/o servicios no pueden ampliarse y la marca tampoco no puede alterarse. No obstante, en caso necesario, los datos del titular sí podrían modificarse, previo pago de las tasas correspondientes.

A trademark is a distinctive sign and its function is to individualise goods or services on the market from other identical or similar goods or services. It also identifies the business origin and, to a certain extent, indicates quality.

The trade name is the sign or denomination that identifies a company in the course of trade and distinguishes it from other companies performing identical or similar activities.

The trade name, therefore, distinguishes the company that manufactures or markets the goods or provides the services. The trademark, on the other hand, distinguishes the goods or services manufactured, marketed or provided by that company.

Be happy. Join a community of satisfied and successful customers

Lexidy Legal Tech
4.8
Based on 452 reviews
pawel grochola
pawel grochola
10:55 18 May 23
I used Lexidy services to apply for SETR status.I did it after contacting a number of providers, but Lexidy were the only ones that consistently kept regular communication, promptly answered e-mails, kept all the appointments. Something that is a normal expectation but rarely met in Spain :).In addition they were very competent, provided clear and accurate advice. They also flexible and accommodating and Sara Rinaldi that i dealt with is a very pleasant person to deal with.It seems it is a business that have a clear business model of providing good quality service and as such I think it deserves to be promoted.
Declan Ryan
Declan Ryan
20:48 01 Jun 22
The Lexidy team is uniquely positioned to provide pan-European business and tax advisory services; what would be complex or impossible for a country-specific advisor is straightforward for Lexidy. They answered in days what would take weeks for other firms.
A
A
17:31 24 Apr 22
I’ve dealt with hundreds of solicitors through business over the years but I must say Cristina and Lexidy Law are really something special. Responsiveness, proactiveness, knowledge and professionalism is, quite frankly, outstanding.M.
Signore Raffaele
Signore Raffaele
12:53 07 Sep 21
The service I have received from Hector has been extraordinary.He has helped me opening bank accounts, managing my NIE and setting up my company's branch in Spain.I am very grateful for the help and the exceptional treatment and management.I won't hesitate to contact him again for any other business I may need.
dawei2010
dawei2010
16:12 08 Apr 21
Our company engaged Lexidy Law Boutique to help pursue our monetary claim against a former business partner registered under Spanish jurisdiction. They provided a professional work and our claim got enforced even before it was expected. We will be happy to engage them anytime in the future for any civil law related matters and I can only recommend their services.
dk impprojects
dk impprojects
15:37 22 Feb 21
Lexidy law boutique services are very prompt and responsible, they created my business company in barcelona, spain. I received very good response from Maximiliano Agazzi for my residence permit issues. I am very much happy with Lexidy law boutique services.
Tom Elliott
Tom Elliott
11:44 18 Feb 21
Very helpful getting my business off the ground quickly and easily and affordably! Best of all, they speak English!
Dan Centinello
Dan Centinello
14:26 19 Nov 20
Let me start by saying that I normally do not write reviews - and I am often skeptical of the authenticity of the ones that are left. However, I feel like this law team has earned it and here's why...I am the type of person who will do endless research & contact several people before making a decision. I did the same when looking for a Spanish law firm that would be able to quickly handle my immigration matters and, most recently, help me with my leasing agreement for my apartment.They are extremely responsive (replying within a couple of hours of my messages) and even after office hours.Maximiliano, in particular, has been exceptional. He put a lot of effort to understand all the details of my situation so he can find the best solution.It was quickly evident that he understands that not all people have the same immigration situation and was going to tailor a solution specific to me.What impressed me most though was how he was thoughtful enough to make sure that his immigration solution did not impact my tax or business situation adversely. His focus on the big picture, while not missing the important small details is one of the main reasons why I felt compelled to write a review.Lastly, Max even made himself available during the time I was crossing the border, just in case I had any issues.With all this being said, I have worked with many lawyers in the past - many simply look for "a solution", but the great lawyers look for the "best solution". Everyone I have interacted with thus far at Lexidy seems to understand the latter. I feel very fortunate to have come across them in my research.I know how stressful it can be, especially when dealing with immigration issues. So, I hope this helps others out there that might be in the same situation I was in.
Michael Sandoval
Michael Sandoval
16:44 19 Oct 20
I have had the pleasure to work with a lot of Lexidy's departments. Working with Max Aggazi Paulet to achieve everything needed for my residency was incredible. he help endlessly until everything was accomplished. Soon after i began working with their Real estate department. It has been a journey and they have stuck with me every step of the way. They have gone beyond the scope of their duties to help my dreams of purchasing a property in Spain come to fruition. I would like to thank Alejandro Cano and Jordi Aranda for for everything. Last but not least through the entire Process I have had the absolute pleasure to work with Camila Broderson. She is a Gem. She has guided me in every step to work on opening my LLC in Spain and has also gone beyond the scope of her duties to assist and be available at any time. I plan to continue to work with team at Lexidy and would highly recommend them to everyone. Thank you Lexidy team for everything that you have done so far! I look forward to continuing our partnerships and friendships!
js_loader

Related Services

Non-Lucrative Visa

Visa for Non-EU nationals who wish to live in Spain without performing any economic activity.
Read More

Buying a house in Spain

Visa for Non-EU nationals who wish to live in Spain without performing any economic activity.
Read More

Tax Anlysis

Visa for Non-EU nationals who wish to live in Spain without performing any economic activity.
Read More

How Can We help you?

Subscribe to our newsletter

Stay ahead of the changes that matter to you

icon