Respondemos todas aquellas dudas referentes a los diferentes procesos implicados en la propiedad industrial.
Yes. The rights to an application or a trademark or trade name are transferable through all legally recognised means. In order for them to take effect for a third party, transfer actions must be registered with the SPTO.
The registration must be transferred, either by means of a public document or through a contract between the interested parties. The Tax Agency should be consulted regarding the payment of applicable taxes.
A request to register the transfer should then be sent to the SPTO on the form “request for the registration of the transfer of distinctive signs”. Together with this form, the applicant needs to send one of the following documents (as chosen by the interested parties):
- Copy of the public document formalising the transfer.
- Official “document transfer” form, duly completed and signed by both parties.
- Official “certificate of transfer” form, duly completed and signed by both parties.
The official forms are available in Forms
The application to register a transfer is subject to payment of a fee which is set annually (see publication of annual fees).
It is important to note that a distinctive sign is unique and should not be translated. For example, El Corte Inglés or Eroski should always stay as they are.
Applications for trademarks refer to the trademark in the exact manner in which it will be used. Therefore, the decision to apply for a trademark in one or more languages must be taken by the applicant, while considering that each name will constitute a separate trademark in its own right.
In Spain, rights to a trademark are acquired by means of registration. The use of the R (registered), MR (registered trademark) or TM (trademark) symbols is not mandatory and does not provide greater legal protection. However, the use of these symbols may serve to advise that a certain sign is a trademark and thereby dissuade possible offenders and counterfeiters.
The R and MR symbols are used once the trademark has been registered, whereas TM denotes that a certain sign is a trademark.
In Spain, when indicating that a sign is a trademark, it is better to use R for registered or MR for registered trademark (generally not commonly used).
The "copyright" symbol is something completely different to the R for registered. Intellectual property rights and the consequent copyrights generated are not acquired by means of registration, but by means of the creation and public dissemination of the intellectual property in question. The competent body for such cases is the Intellectual Property Registry and the copyright symbol advises of the protection granted to the intellectual creation.