Contents
- Why Register a Trademark in Spain?
- What Can Be Registered, and What Might Be Refused
- 9 Steps to Register a Trademark in Spain
- Cost, Timing, and Legal Support
- Strategic Importance of Trademark Protection in Spain
A trademark is not simply a logo or a company name. It is a complete legal tool that gives the owner the exclusive right to use a chosen designation for their products or services. In Spain, trademark registration is handled by the Spanish Patent and Trademark Office (OEPM), and a business gains proper legal protection only once the mark is recorded in the official registry.
In this article, the experts at Laduchi Consult share practical knowledge about how brand protection works in Spain and explain why registering a trademark is not a mere formality but a strategic step for any entrepreneur.
Why Register a Trademark in Spain?
Spain is one of the largest markets in the European Union and a country with strict intellectual property enforcement. For companies planning to operate in the Kingdom, national trademark registration is at least as valuable as an EU-wide registration through EUIPO.
- Cost and speed advantage: Obtaining protection in Spain is generally cheaper and faster than filing via EUIPO, which is an essential factor for small and medium-sized businesses.
- Stronger local protection: Legal safeguards at the national level can be more effective, as Spanish courts and offices follow their own laws and practices, which may differ from EU-wide standards. This means that a national trademark is often more reliable in infringement disputes.
- Gateway to international markets: Spain serves as a gateway to Latin America and Africa. A registered trademark in Spain facilitates business expansion into countries with which Spain has intellectual property protection agreements.
What Can Be Registered, and What Might Be Refused
The OEPM recognizes any designation as a trademark that allows your goods or services to be distinguished from those of competitors. This can include words, company names, logos, slogans, and even unusual packaging shapes. The main requirement is that the mark is sufficiently original and not misleading to consumers.
However, not everything that appears to be a brand can be registered. The OEPM usually refuses registration if the mark is:
- Overly descriptive (e.g., “Sweet Bread” for a bakery)
- A common word (e.g., “Best”)
- A geographic name that is not inherently distinctive
Registration of famous people's surnames or well-known symbols without permission may also be problematic.
More complex cases exist. For example, if you want to register a color, sound, or bottle shape, these types of marks are allowed, but the OEPM carefully examines whether they genuinely distinguish your product and do not infringe on others' rights.
Practical advice: Before applying, conduct a preliminary search in the OEPM database. This identifies similar registered marks, reduces the risk of refusal, and saves time and money. A carefully prepared mark improves your chances of successful registration and protects your brand for years to come.
The experts at Laduchi Consult can guide you through all stages of registration in Spain quickly and safely. Submit your request, and we will contact you to schedule a consultation.
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9 Steps to Register a Trademark in Spain
Registering a trademark through the OEPM is a multifaceted process that requires careful attention at every stage. Even a small mistake can lead to delays, refusals, or additional costs, so an experienced approach is essential.
Step 1: Determine the owner and prepare documents
- Individual: passport or other identification
- Company: incorporation documents, tax identification number (CIF/NIF)
- Mark description: logo image (PNG, JPG, PDF, SVG), textual name, slogan (if registering a word mark)
- List of goods and services: according to the Nice Classification. Include only actual goods/services; avoid generic or descriptive wording.
- Power of attorney: if the application is submitted by a representative or a lawyer
- Priority documents: if the mark was previously filed in another country, include the filing date and application number
Step 2: Conduct a preliminary search
Before applying, ensure your mark does not replicate or closely resemble existing brands. Types of searches include:
- Exact search: to find identical names
- Partial or root search: considering parts of words, prefixes, and suffixes
- Phonetic search: for similar-sounding variants, significant for foreign words
- Class-based search: to filter results by Nice Classification classes
- Visual search: to identify logos or images that look similar
Exact matches in your class signal high risk, similar marks in related classes indicate medium risk, and matches with other owners or outdated records are low risk. Systematic searches allow adjustments to your application and help minimize the risk of refusal.
Step 3: Assemble the final document package
After the preliminary search, make all necessary adjustments. Modify the mark if needed to avoid conflicts, refine the list of goods/services to reflect your business accurately, and prepare priority documents along with supporting arguments for your application.
Step 4: Submit the application to OEPM
Applications can be filed online or in person. Include all owner information, class lists, logo, and name, and pay the government fee. The application undergoes formal verification.
Step 5: Examination and substantive review
OEPM performs formal checks and examines absolute grounds. At this stage, they assess legal compliance, mark distinctiveness, and the absence of prohibited symbols or descriptive terms.
Step 6: Application publication
If approved, the mark is published in the OEPM Official Bulletin. Third parties have two months to raise objections to similar marks.
Step 7: Respond to oppositions
If objections arise, OEPM considers arguments from both sides. This stage requires proving mark distinctiveness and providing priority or usage evidence.
Step 8: Receive the registration certificate
Once all procedures are complete and oppositions resolved, the trademark is registered. The owner receives an official certificate confirming exclusive rights.
Step 9: Monitor and protect your trademark
Even after registration, monitor new applications and potential infringements. Registration lasts 10 years and can be renewed. The trademark becomes a company asset that can be licensed, sold, or used to extend protection into other markets.
Cost, Timing, and Legal Support
Processing Time: OEPM registration usually takes 4–6 months, while EUIPO filings may take up to 12 months. Regularly monitor your application status and respond promptly to office requests to avoid delays.
Government Fees: Registration costs approximately €150.45 for the first class and €97.48 for each additional class. Fees depend on the number of classes and filing method (online or paper). Exact costs are listed on the OEPM website.
Legal Assistance: Filing and defending a trademark can be complex, particularly when dealing with conflicts or third-party claims. Laduchi Consult provides full support, including document preparation, similarity checks, class adjustments, responses to office queries, and dispute defense. Fees start at €800, depending on application complexity.
Strategic Importance of Trademark Protection in Spain
Registering a trademark in Spain is a strategic business tool, not a formality. Proper preparation, careful searches, knowledge of fees and timelines, and professional guidance reduce refusals and disputes, save resources, and secure long-term legal protection for your brand.
Laduchi Consult specialists manage every stage, helping companies establish a safe presence in the Spanish market, minimize risks, and focus on growth, leaving legal and bureaucratic tasks to professionals.
Frequently Asked Questions
A trademark is a legal sign that differentiates your company's goods or services from competitors. In Spain, registration is handled by the OEPM. Once registered, the owner gains exclusive national rights.
Words, names, logos, slogans, packaging shapes, and colors, provided they are unique and distinctive.
Refusals may occur if:
- The mark is descriptive (e.g., "Sweet Bread" for a bakery)
- It is a common word or geographic name
- It includes celebrity names or widely known symbols without permission
Tip: Conduct a prior OEPM database search to reduce refusal risk and accelerate registration.
Government fees: €150.45 for the first class, €97.48 per additional class.
Processing: 4–6 months for national marks, up to 12 months via EUIPO. Laduchi Consult provides comprehensive support from preparation through legal protection.
- Identify owner and prepare documents
- Conduct OEPM database search
- Assemble final documents
- Apply online or in person
- Examination by OEPM
- Publication for oppositions
- Respond to objections
- Certificate issuance
- Monitor and renew every 10 years
Yes, but OEPM verifies whether they truly distinguish the product and do not infringe on other rights. Laduchi Consult helps prepare evidence to improve registration success.
Please note that all materials contained on this site have been prepared for informational purposes only. This data does not constitute or replace professional financial, legal or tax advice. The information is general in nature and does not take into account your personal circumstances. Always seek professional advice from officially licensed professionals: financial advisors, accountants and lawyers.
