Renew a trademark in Spain

2018-08-07 09:56:36
Filed under: Sin categoría @en

In this article we will answer the main questions regarding the renewal of a trademark in Spain. The registration of a trademark in Spain offers a right to exclusive use of the registered trademark for a period of 10 years. To extend this right, the owner must renew the trademark in Spain within the period established for it.

renew a trademark in Spain

The registration of a trademark in Spain has a series of peculiarities that must be known in order not to commit formal or substantive errors that cause a loss of money and time. It is common that individuals, without the help of a professional in the trademark registration in Spain, receive suspensions from the Spanish Trademark Office. These suspensions delay the granting of a trademark or even prevent it. In this post we will give a series of recommendations to avoid receiving suspensions during the processing of a trademark in Spain.

 

When to renew a trademark in Spain 

Trademarks in Spain must be renewed after 10 years from the date of application (expiration date). They can be renewed from 6 months before the expiration date to 6 months later. In case of paying later, a surcharge must be paid.   renewal of a trademark

Trademark renewal in Spain

 

Who can renew a trademark in Spain

The trademark law in Spainonly allows the renewal of a trademark whose holder is not a national of Spainthrough the services of an official trademark agent.

 

How much does it cost to renew a trademark in Spain?

The price of the renewal of a trademark in Spaindepends on the registered trademark. It should be remembered here that a trademark can be renewed partially so that, for example, a trademark registered for three classes can be renewed exclusively for one. The price of a renovation of a trademark in Spainfor a class is approximately 500-700 €.

 

How to register a trademark in Spain

You can get protection of a trademark in Spain through the following channels.

 

  • Registration of a trademark in Spain directly in the Trademark Office of Spain.
  • Registration of a trademark in Spain through the European Union trademark.
  • Registration of a trademark in Spain through the International trademark.

 

In this post we will focus on explaining how to register a trademark in Spain directly in the Spanish Trademark Office.

 

What can be registered as a trademark in Spain

In Spain you can register as a mark a sign (name, logo, shape, ...) that is distinctive and that can be represented graphically. A sign is distinctive when it allows the product or service that identifies with it to be distinguished from others. It can not be a usual sign or a too complicated sign since in these cases it is not possible to distinguish the product that uses it from the others.

 

Registration procedure for a trademark in Spain

The process of registering a trademark in Spainincludes the following steps:   registration of a trademark in Spain   Before applying for a trademark in Spain, it is advisable to contract a preliminary report to determine if this trademark may or may not be registered in Spain.   If the previous report is positive then you can apply for the trademark before the Trademark Office in Spain.   Exam to get an application date. This preliminary examination is important because it grants the date of application and therefore the beginning of the rights granted by the trademark in Spain.   Formal examination to evaluate if the trademark in Spain complies with the different formal requirements required by the law of Spain trademarks. As a peculiarity, in Spain the Spanish Trademark Office performs a substantive examination where it evaluates whether the trademark requested conflicts with one of the previously registered trademarks. In the event that the trademark application does not pass this formal / substantive examination, it will receive a formal / substantive suspension of the trademark application that must be answered in order for the trademark registration to continue. In case of not answering the mark will be denied.   If the trademark in Spain passes the formal and substantive examination, the Spainish Trademark Office grants the trademark application in Spain .

trademark application in Spain

 

 

How to know if a trademark is already registered in Spain

 

Before applying for a trademark in Spain, it is very interesting to know if the trademark we intend to register is already registered in Spain . If so, it is very likely that our trademark is not granted and we have lost money and time. There is a trademark search engine in Spain that can be used to know if the trademark exists identically. We must remember here that not only the identical trademarks but also the similar ones can be a problem when registering a trademark in Spain v. To know all the trademarks that may be a problem, the professionals in the registration of a trademark in Spain  offer the service of report prior to the registration of a trademark in Spain .

 

How much it costs to register a trademark in Spain

The price of registering a trademark in Spaindepends on the products and services that you wish to protect. Products and services are classified into classes and the price of registering a trademark in Spain depends on the number of classes that are requested.

In addition, the registration price of a trademark in Spaincan be increased if the trademark application receives a substantive or third party opposition. To know the exact price of the registration of a specific trademark  in Spain you can send us an email to info@patentes-y-marcas.com

 

How long it takes the registration of a trademark in Spain

The registration of a trademark in Spain takes approximately 2 weeks. Logically, if the application for registration receives a formal suspension or an opposition, the registration of a trademark takes a few more months.

 

How long is the registration of a trademark in Spain

The registration of a trademark in Spainoffers 10 years of protection in Spain from the date of application. When these years come to an end, the trademark can be renewed to extend the protection 10 more.

 

Where to register a trademark in Spain

The registration of a trademark in Spaincan be done directly before the Trademark Office of Spain . However, there are some requirements that applicants must meet, a fact that makes it difficult for an applicant to register a trademark in Spain . For this reason there are specialized professionals in the registration of a trademark in Spain that helps applicants to apply for their trademark efficiently.

 

Spanish trademark office

 

Trademark watch in Spain

The SpainTrademark Office does not offer active protection of trademarks. They must be the owners of the trademarks in Spain who carry out an active surveillance of their registered trademarks. There are companies specialized in trademark surveillance in Spain . The watch service of a trademark in Spain consists of notifying the owner of the monitored trademark of each trademark application in Spain that may violate their rights.

 

Expand the protection of a trademark in Spain to other countries

The registration of a trademark offers territorial rights so if the trademark is not registered in a specific country, a third party can use it and even register it in their name. If you have the trademark registration in Spain, you could not use your trademark in the country where a third party registered the trademark in your name.

The trademark law allows the protection of a trademark in Spain to be extended to other countries, maintaining the priority date for 6 months from the date of application for the trademark in Spain. In other words, if the trademark is requested in another country, claiming priority, the trademark rights in that country will exist from the moment the trademark is requested in Spain. Subsequently, the protection may also be extended, but the trademark rights in the country where it was expanded will only exist from the moment the trademark has been applied for in that country. Remember that the application date marks the beginning of the trademark rights and therefore in case of conflict, the first one who requests the registration of your trademark wins.

 

Lawyer specialized in the registration of a trademark in Spain

 

On this website there is a directory of lawyers specialized in the registration of a trademark in Spain. Thanks to this directory, anyone can find the professional that best suits them.

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