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Spain Trademark Registration

Spain is a member of the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks, the Protocol Relating to the Madrid Agreement, and the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. It is also a member of the World Intellectual Property Organization (WIPO).

Required Documents for Trademark Registration

  1. Trademark specimen
  2. Designated class(es) and specific goods/services
  3. Applicant’s name and address
  4. Power of Attorney
  5. Priority document (if priority is claimed)

Trademark Registration Process

  1. Application Submission
  2. Formal Examination: If the application passes, the Trademark Office will grant a filing date and application number.
  3. Substantive Examination: If the application fails, the examiner will notify the applicant in writing, stating the reasons for refusal. The applicant must submit a response for re-examination within the specified period; otherwise, the application will be deemed abandoned, and neither the filing date nor the application number will be retained.
  4. Publication and Opposition: After passing substantive examination, the trademark will be published in the Spanish Official Trademark Gazette. The opposition period is 3 months, during which any third party may file an opposition. If an opposition is filed, the applicant may submit a response.
  5. Registration Approval

Important Notes
Spain does not examine 'relative grounds' during trademark registration. This means the authorities will not proactively check whether the applied trademark conflicts with prior trademarks and will not issue refusals on such grounds. As a result, trademarks can easily pass the initial examination and proceed to publication. Therefore, trademark owners must actively monitor and file oppositions when necessary to protect their trademark rights after registration.

Validity Period and Renewal
A trademark is valid for 10 years from the registration date.
To maintain validity, the owner must apply for renewal within 6 months before expiration. Each renewal extends the validity by 10 years, with unlimited renewals allowed. Renewal may also be filed during a 6-month grace period after expiration, subject to additional fees:

  • First 3 months: 25% surcharge
  • Last 3 months: 50% surcharge

After the trademark is approved for registration, the applicant must pay the required fees and the tax for the first 5 years within 1 month from the date of the decision publication. The Trademark Office will then issue the trademark registration certificate. Failure to pay the fees will result in the application being deemed withdrawn.


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Spain Trademark Registration
Spain Trademark Registration: Required Documents and Process
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