COUNTRY : KINGDOM OF SPAIN
CAPITAL : MADRID
LANGUAGE : SPANISH
MEMBER : PARIS CONVENTION, WTO-TRIPS, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADRID PROTOCOL, TRADEMARK LAW TREATY, BERNE CONVENTION, WIPO, PCT
The Spanish Patents & Trademarks Office is known as the SPTO administered by Ministry of Industry, Energy and Tourism.
PROTECTION OF TRADEMARKS IN SPAIN:
1. National Registration - Direct Filing with National Trademark Office
Please refer our Treaties section on International protection under Madrid System and Community Trademark Registration.
Therefore, to obtain protection in Spain, there are three options from which the applicant can choose.
Applicants should bear in mind that the following will not be registrable as Trademarks in Spain:
Search of the trademarks is recommended so as to ensure that the proposed mark is not in conflict with prior registered marks.
Applicant has to furnish the following documentation for filing:
TRADEMARKCOPIA.COM will assist you with the following:
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Examination of the trademark application is carried out to check on the compliance with the requirements of the trademarks office pertaining to:
Provided there are no objections or oppositions regarding form and content of the trademark application, a decision concerning registration is made by the IP office.
Post Registration: if the trademark is not used continuously for 5 yrs. post registration, it could become vulnerable for cancellation owing to non-use, unless there are valid and tenable reasons for non-use.