Country: Kingdom Of Spain
Member: European Union Community Trademark, Madrid Protocol, Trademark Law Treaties, Berne Convention, Wipo, Wto-Trips, Pct, Paris Convention, Oecd, Wto,
The IP affairs in Spain are looked after by the Spanish Patent Office (OEPM).
The Geographical Indications affairs in Spain are looked after by:
· the Ministry for Health, Fisheries and Food.
· Autonomous Regional centres
· Consumer Protection departments
· GI is a source indicator informing consumers about a product’s origin from a certain place.
· GI confirms certain special characteristics inherent to the product.
In Spain, there are no specific national laws in place for protection of Geographical and Traditional names. Thereofre,
GIs in Spain are protected by way of the following:
1. Trademark Law
2. EC regulations
1. Indications of Source
2. Appellations of Origin
3. Geographical Indications
Geographical Indications are not protectable if:
· They are immoral or against public order;
· GIs likely to mislead the public with respect to the place of origin of the goods;
· Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
· They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
· GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
GIs may be protected as:
· Collective Marks
· Guarantee Marks
· Certification Marks
Applications & Registration:
Applications filed and received by the ministry are checked to see if one or more autonomous centres are involved in the approval process.
Applicants have to then set up or nominate an inspection body which could either be a public or a private body. This body certifies that the procedures for the production, processing and preparation of a product meet all the specifications
Applications complying with all formal requirements are approved by the Authorities.
If there is no opposition within 2 months post registration of the application, or the opposition is unsuccessful, the applicant’s GI is registered.