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.
Conduct a Trademark Search
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.
Prepare and Submit the Application
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:
- Name and address of the applicant
- A clear representation of the trademark
- A list of goods and services for which the trademark will be used, classified according to the Nice Classification
- Submit the completed application, along with the necessary fees, to the OEPM. The current fee information can be found on the OEPM's website (https://www.oepm.es/es/tarifas.html).
Application Examination
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.
Publication of the Trademark Application
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.
Registration and Issuance of the Trademark Certificate
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.
Renewal and Maintenance
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.
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