If you want to distinguish your goods, services or both from those of another company, you may need a trademark or trade name. Find out what they are, what their registration procedure is and what it involves.
Information on the deadlines for filing applications for transformation of European Union trademarks into Spanish national trademarks. See more
If you have a new device, product or procedure that solves a technical problem or has a practical advantage, there are different ways to protect it in Spain and other countries. Find out how.
Does your innovation lie in the aesthetics, ornamentation or appearance of your product? Protect it through industrial design. Find out what rights registration confers and how to proceed.
Geographical indications protect the name of a product that has a specific geographical origin and owes its qualities, characteristics or reputation to its particular origin. Find out what they are, how the registration process works and what benefits they provide.
Patents published worldwide are a valuable source of scientific, technical and commercial information.
El Bono 3 del Fondo para PYMEs 2025, que cubre la elaboración de Informes Tecnológicos de Patentes (ITP) y Búsquedas Retrospectivas se cerrará el lunes 10 de febrero de 2025 al cierre de la jornada laboral. Próximamente se informará sobre su reapertura. Puede consultar más información aquí.
If you are an entrepreneur or a company and you want to boost and improve the profitability of your business by adequately protecting the intangible assets of your organisation, in this space you will find what you need.
Respondemos todas aquellas dudas referentes a los diferentes procesos implicados en la propiedad industrial.
Yes. The applicant can be an individual or a company, or several people can be holders.
No. The search for identical or similar trademarks and trade names previously applied for or granted can serve to give reasonably good knowledge of what is protected, but it does not guarantee that the trademark and trade name will be granted and that third party rights will not be damaged if you start to use it for your economic activity.
Ten years from the date of application. After ten years the trademark and/or trade name must be renewed. The trademark and/or trade name can be renewed indefinitely.
The SPTO will advise you in plenty of time when the period is due to expire. It is important that you notify the SPTO of any change of address. It is advisable to indicate an e-mail address as your preferred method of notification, as this is the quickest way of receiving notifications.
Notwithstanding the above, it is important to bear in mind that some national registrations awarded under the old trademark legislation are still valid and therefore, if the application date was prior to 12 May 1989, it is worth consulting the Office’s information services to find out the next renewal and payment dates for your trademark or trade name.
The registration of domain names is governed by its own national and international legislation (depending on the type of domain) and is not among the competencies of the Spanish Patent and Trademark Office. Conflicts relating to both types of domain name should be dealt with by International Arbitration Organisations or the Courts.
General information on this matter (taken from the web page of the Intellectual Property Register):
HOW ARE CONFLICTS BETWEEN INDUSTRIAL PROPERTY RIGHTS, CORPORATE NAMES AND DOMAIN NAMES RESOLVED?
The temporal priority of the corresponding sign is of significance
A) Priority trademark or trade name: the registered holder can begin legal action in the Courts of Justice against anyone who subsequently adopts the same name or one that could be confused with their name for the same or similar business activities and, among other measures, may request that the company ceases to use the distinctive sign (section. 34.3.d. Trademark Act) and that they change their corporate name. Furthermore, the registration bodies responsible for granting or verification of names of incorporated entities will refuse the name or company name requested if it coincides or may lead to confusion with a famous or well-known trademark or trade name in the terms established under the Trademark Act, without authorisation of the trademark or trade name holder (Fourteenth Additional Provision of the Trademark Act).
Against those who use that distinctive sign as a domain name, together with the possibility of going to the Courts of Justice (section. 34.3.f. Trademark Act), they can turn to Red.es to make use of the administrative procedures or verification and cancellation if the domain name in question meets the criteria for such action.
B) Previous corporate name: an entity that has duly registered their corporate name can follow administrative channels to oppose any attempts by third parties to register their corporate name as a trademark or trade name, under the circumstances provided for in art. 9.1.D of the Trademark Act and can also go to the Courts of Justice to request the nullification of said registration. They can also defend their rights against those parties who register their company name as domain name in the terms described under A) above.
C) Previous domain name: anyone with a duly registered domain name can go to the Courts of Justice to take action against those who register said name as a trademark, trade name or corporate name, claiming unfair competition, bad faith (art. 51.1.B Trademark Act) and any other legally founded claims. These types of legal actions are particularly difficult.
BOPI
Electronic site
