Respondemos todas aquellas dudas referentes a los diferentes procesos implicados en la propiedad industrial.
Yes. You will then obtain an application submission date ahead of anyone who may request it later. Even if you have not yet completed all the formal requirements, it is better to present the application with just the essentials and then comply with the remaining requirements later.
Yes. Once the trademark or trade name has passed the form examination, it will be published giving third parties two months in which to oppose it if they believe the new application infringes previous rights. Likewise, once they are granted or refused, they will be published in the industrial Property Official Bulletin (BOPI).
Unless the change is requested immediately, the application for a trademark or trade name can only be changed at the applicant's request in order to correct the applicant's name and address, errors of expression or transcription, or obvious errors, provided that such changes do not substantially affect the trademark or expand or change the list of products or services.
A registered trademark or trade name cannot be modified (art. 33 of the Trademark Act 17/2001). However, in accordance with said article, if the trademark includes the name and address of the holder, any changes to these that do not substantially affect the identity of the trademark as originally registered can be registered at the request of the holder.
If the holder wishes to modify the distinctive sign, for example because the company changes its logo, or extend the list of products and/or services, they must apply for a new registration.
There is no need to give up the previous registered mark, bearing in mind that this remains valid at least until its renewal date, unless the applicant expressly chooses to give it up.