Have you been planning to start your own business for months? Do you want to offer a unique product or service? Then you are probably interested in learning how to register a trademark in Spain. So, if you want to know the step by step continue reading below.

What is a brand?

When we talk about a trademark we refer to that commercial identifier of goods and services, which allows you to differentiate yourself from the competition. That is to say, a trademark is conceived as a set of distinctive signs, images, words or figures that offer exclusive right of use to its creator and is protected by means of titles granted by the State.

In general, it is advisable that the name you choose for your brand is short, easy to pronounce and simple to memorize in order to transcend in the minds of consumers. In addition, it is a really useful protection tool for that project that you put so much love and effort to create.

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Trademark vs. trade name

It is common for people to confuse these two terms, so before registering your trademark we want you to know how to differentiate between a trademark and a trade name.

As mentioned above, the trademark is the distinctive symbol that identifies your product or service. And, on the other hand, the trade name refers to the denomination that your company has in commercial terms.

In this sense, the trade name and the company name can sometimes be the same, but it is not a necessary requirement to register your trademark.

Likewise, it is possible that the same corporate name may be used to register several trade names.

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How to register a trademark in Spain?

Previous steps

The process to register a trademark in Spain is usually relatively simple, since you can do it in person or online through the Spanish Patent and Trademark Office (SPTO). However, it is important that you check if the name you want for your trademark exists. To do so, you will have to carry out the following steps:

• First, access the SPTO website, select database and click on “trademarks and trade names”.

• Then, you must click on where it says trademark locator. There, you will find two ways to perform your search: by denomination (with its textual name) or through figurative elements.

• The next step is to fill in the required fields and specify the name you wish to use in Spain.

• In case there is no match, you are ready to use the name you selected and register your trademark.

Prohibitions

If you want your registration to be successful, then you will have to avoid that your trademark is included within some of the prohibitions established by the Spanish regulations, such as:

• A proposal that is contrary to the law, public order and morals

• In case of being too generic and not denoting a distinctive sign

• In case of misleading consumers

Submit your application

The first step to start the process in person will be to complete the Trademark Registration application form, so that you can inform about the data that will identify both your trademark and the legal representative, if any.

Once you have filled in all the information, you must also bring proof of payment of the fee to be paid and you can go to the Spanish Patent and Trademark Office (SPTO), either at the Regional Industrial Property Information Centers of the Autonomous Communities, at the Post Offices or through the Government Delegations and Subdelegations.

After submitting all the documentation, the review process will be carried out by the competent authorities and, if any error or inconsistency is found, a period will be opened for you to make the indicated modifications.

On the other hand, in case you wish to file your application online, you will only have to go to the SPTO website, and provide the same information that is required in person.

In this sense, go to the section “procedures for distinctive signs” and click on “application for trademarks, trade names and international trademarks”. Once all the information has been completed, as in the case of the in-person application, your application will be reviewed for final approval or modification if necessary.

Finally, after all the data provided have been validated and are in order with the associated regulations to register your trademark in Spain, the resolution process usually takes around 12 months. However, if any setback occurs, it could take up to 20 months.

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Now that you have successfully created your brand, are you interested in learning more about the business world and how to manage your company in Spain? Visit our blog, enjoy our content, and contact our consultants if you have any questions!