Respondemos todas aquellas dudas referentes a los diferentes procesos implicados en la propiedad industrial.
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).
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.
Yes. The applicant can be an individual or a company, or several people can be holders.
There is a two month period in which opposition to an application to register a trademark can be submitted, counting from the date said application is published in the BOPI.
If the opposition is submitted directly to the SPTO, it will take approximately one week to record it, and if it is submitted to other competent bodies outside the SPTO within the submission period, according to the date on which it is received, they must receive it and log it which means it can sometimes take a few more days for it to appear in the database.