Registering a trademark in Spain involves conducting a comprehensive trademark search, preparing and submitting the application, undergoing a formal examination, publication and opposition period, and ultimately obtaining the trademark certificate. The entire process typically takes around 12-18 months, depending on various factors. For further information and assistance, consult the OEPM's website (https://www.oepm.es/es/signos_distintivos.html) or consider seeking guidance from a local attorney or intellectual property specialist.
Before initiating the registration process, it is crucial to conduct a thorough trademark search to ensure your desired trademark is not already registered or infringing upon existing trademarks. The Spanish Patent and Trademark Office (OEPM) provides an online database for conducting trademark searches, accessible at https://sede.oepm.gob.es/eocd/. It is advisable to seek guidance from a local attorney or intellectual property specialist to assist with the search and evaluation.
Once you have confirmed the uniqueness of your trademark, you need to prepare and submit the trademark application. The application form can be obtained from the OEPM's website (https://www.oepm.es/es/signos_distintivos.html). Your application should include:
Upon receiving the trademark application, the OEPM will conduct a formal examination to ensure compliance with the necessary requirements. If any deficiencies are identified, you will be notified and given a deadline to address them. The examination process typically takes around 4-6 months.
If your application successfully passes the examination stage, it will be published in the Official Gazette of Industrial Property. This publication initiates a two-month opposition period, during which third parties have the opportunity to file objections against your trademark application.
If no opposition is filed during the opposition period, or if opposition issues are successfully resolved, the OEPM will proceed with the registration of your trademark and issue a trademark certificate. The registration process usually takes around 6-8 months from the date of application.
Trademarks registered in Spain are initially valid for ten years from the date of registration and can be renewed indefinitely for successive ten-year periods. Renewal applications must be filed within six months before the expiration date or during a grace period of six months following the expiration date. Additional fees apply for late renewals.