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What to do before applying

Before applying for the registration of a geographical indication, you must ensure that the craft or industrial product meets the protection requirements in order to qualify as a geographical indication (Article 6 of Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products), that the applicant is eligible (Article 8 of the Regulation) and that the required documentation has been provided (Article 13 (2) of the Regulation).

Furthermore, the geographical indication must not fall under certain grounds for rejection, which may be raised as reasons for opposition (Article 15(3) of the Regulation), such as:

  1. The name proposed as the geographical indication is a generic term (Article 42 of the Regulation); a wholly or partly homonymous name has been applied for or protected as a geographical indication in the EU (Article 43 of the Regulation) or would be liable to mislead the consumer in the light of a trademark with a reputation or a well-known mark (Article 44 of the Regulation).
  2. The proposed geographical indication would jeopardise the existence of an identical or similar name used in the course of trade or of a trademark, or the existence of products that have been legally on the market for at least five years preceding the date of the publication of the application in the Industrial Property Official Bulletin.

You can use the following search tool to consult trademarks that are valid in Spain.