Ministerio de Industria, Turismo y Comercio LogoMinisterior

Frequently Asked Questions

 

Respondemos todas aquellas dudas referentes a los diferentes procesos implicados en la propiedad industrial.

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Industrial Property
Trademarks and Trade Names
Collective and Certification Marks
Proof of use
International trademarks
Transformations
National patent and utility model
Supplementary protection certificate
European patent and validation
International PCT application
Reinstatement of rights
Transfers and licensing
Fees
Patent management and valuation
Representation
Industrial Property Agents (IPA)
European Qualifying Examination (EQE)
Representation and Brexit
Classifications
Invalidity and revocation of trademarks and trade names
Geographical indications

The following signs or media can constitute a trademark:

  • a) Words or combinations of words, including those that serve to identify people. For example, “DULCILIA” to distinguish products or services, or “El Juli” as an artistic name.
  • b) Images, figures, symbols and graphics, for example the picture of a horse with its front hooves raised that distinguishes Ferrari cars, or a crocodile for Lacoste clothing.
  • c) Letters, numbers and their combinations, for example BBVA, Licor 43 and S-3.
  • d) Three-dimensional forms, including packaging, containers, the product's shape or its presentation.
  • e) Sounds.
  • f) Any combination of the signs or media, included but not limited to those mentioned in the above paragraphs.

The sign you want to register must be lawful and able to carry out the relevant identifying and differentiating functions of a trademark, which means that it must not incur any of the strictly prohibited aspects established by law. It should also be available, meaning that it does not conflict with any previous rights, either of a trademark or any other personality right such as the right to a name or own image or any other intellectual property right, etc.

The cost for registering a trademark is always the same, regardless of the type of trademark.

The issue that determines the cost of an application is the number of classes under which the protection is sought.

These fees are updated every year by the State General Budget Law and you can find the figures on the SPTO website (Tasas OEPM).

The cost of registering a trademark or trade name is around 144 euros for the first class requested. There is a 15% discount for applications sent electronically. The second and any subsequent classes requested cost around 93 euros.

To maintain these rights you will have to pay for them to be renewed every ten years. The fees are revised annually through the General State Budgets Act and details of the amount payable can be found on the SPTO web page (“SPTO Fees”).