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Spain Trademark Registration

Spain is a member of the Madrid Agreement, the Madrid Protocol and the European Union. Spanish trademarks are protected in the continental territory as well as on the Balearic Islands, the Canary Islands and the territories of Ceuta and Melilla in Northern Africa. Trademark protection is obtained by registration.

Requirements

A trademark application has to be filed before the Patent Office in Madrid by a local agent. A non-legalized power of attorney is sufficient. Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination, as well as a substantive examination on absolut grounds for refusal. It takes approximately 6 months from first filing to registration. Before registration the trademark application is published in the "Boletin Oficial de la Propiedad Industrial", issued daily. The opposition period is 2 months from publication date of the application.

Duration

A trademark registration in Spain is valid for 10 years from the application date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. EUROPEAN UNION (COMMUNITY TRADEMARK): Since this country is a member of the European Union, Trademark Protection could be obtained by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

Extra

Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

Area Practice:

INTELLECTUAL PROPERTY

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