Fees associated with filing trademark applications in Spain as well as other trademark fees are available in the fee calculator.
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Multiple-class applications
Multiple-class trademark applications are possible in Spain.
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Filing requirements in Spain
The official language of the Spanish Patent and Trademark Office is Spanish. It is not possible to file a trademark application in any other language.
To obtain the filing date a trademark application in Spain should contain:
- a request to grant a certificate, containing data about the applicant;
- representation of the applied trademark;
- a list of goods and services for which trademark is intended to be used;
- confirmation of the filing fee payment.
A non-legalized Power of Attorney is required in Spain. It must be submitted simultaneously with filing, or within one month from receiving the notification from the Office where the POA is requested (additional fee applies).
A certified copy of the Priority Document and its Spanish translation must be filed within three months from the date of filing Spanish trademark application.
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Examination, publication and opposition to a trademark application in Spain
Examination of a trademark application in Spain consists of a formal examination and examination as to absolute grounds for refusal. A trademark application in Spain can be opposed within a two-month period from the date of publication of the application. The applicant has a one-month period for filing a response to the opposition.
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Grant, validity term and trademark renewal
No official grant fee needs to be paid. The validity term of a trademark in Spain is ten years from the filing date, renewable an unlimited number of times for ten-year periods. Renewal should be requested within six months before the expiry of the validity term, but no later than six months after its expiry by paying the surcharge.
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Duration of registration procedure
The average time from filing to registration of a trademark application in Spain is between 6 and 15 months.
In the case of unexcused non-use of a trademark for five consecutive years starting from the registration date (or the end of the opposition procedure), the trademark is vulnerable to the action of unexcused non-use. Every concerned party can bring the action of unexcused non-use. Periodic statements of use or other mandatory filings by the trademark owner setting forth the use of the trademark are not required.
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Representation by a trademark attorney
For trademark applicants not residing in the European Union, it is necessary to perform trademark registration through an agent, a registered Spanish trademark attorney.
1. Online Search databases: Spanish Trademarks, EU Trademarks, International Trademarks.
2. The trademark protection in Spain may also be obtained via registration of a European Union Trademark.
3. The time limit to file a response to the provisional refusal of an international registration in Spain is 4 months from the date of publication of the refusal in the Trademark Gazette. There is no option to request an extension of time before the Office. The language of the response is Spanish. For applicants not residing in the European Union, it is necessary to appoint a local representative. Final refusal may be appealed in the Justice Court.
Brief summary is based on the information provided by VILCHES Y ASOCIADOS on 18.03.2024
Please contact us if the above information is not in conformity with Spanish IP Laws.