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.
The Nice classification groups products and services into 45 different classes: A total of 34 for products and 11 for services.
On top of this classification, the EU offices have created the “harmonised” classification, comprised of a repository of descriptive terms for products or services which are accepted by all the offices within the EU.
Each class consists of a series of interrelated products or services. For example class 32 is for:
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CLASS 32 |
Beers; drinks without alcohol; mineral waters; fruit-based beverages and fruit juices; syrups and other non-alcoholic preparations for making beverages. |
Furthermore, together with the general name or title of the class are examples of terms that describe specific products or services protected by each class which may originate from the Nice classification or the European “harmonised” classification. For example, in class 32: “flavoured beers” or “hop extract to make beers” which can be used to specify the type of product or service to be protected in a clearer, more precise way.
When you request a trademark or trade name you have to indicate which products and/or services or activities you wish to protect with said distinctive sign.
The International (Nice) Classification has been drawn up for this purpose and consists of 45 classes, each one covering a group of related products or services. At a European level there is a harmonised classification of products and services, a repository of validated classification terms which is used by all the offices in the EU, including the EUIPO.
Existen diversas clasificaciones según el parámetro que se siga en cada caso. Cabe destacar:
A) Según si existe una finalidad específica asociada a la general de diferenciar productos y servicios:
B) Según el formato del signo que se protege:
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.
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