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Zivko Mijatovic & Partners

LOCATIONS

Spain

Av. Fotógrafo Francisco Cano 91A
03540 Alicante
Spain
T: + 34 96 515 42 44; + 34 96 516 03 63 F: + 34 96 516 03 63; + 34 96 526 96 91

Spain - EUTM IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Industrial Design

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions

  • Paris Convention
  • Madrid Agreement
  • Madrid Protocol
  • Council Regulation (EC) No. 207/2009 of 26 February 2009 on the Community trade mark
  • Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community Design

Trademarks

Filing the Application – Requirements

  • Name and address of the Applicant
  • Representation of the Mark
  • List of Goods and Services according to Nice Classification 11thEdition (Classes 1-45)
  • Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date
  • Copy of the Priority document for EUTM (original in Spain)
  • Power of Attorney – No power of attorney is required for an authorized representative

Registration Procedure

  • Application is filed at EUIPO and examined for admissibility and classification
  • EUIPO examines absolute grounds for refusal
  • Application is published for the purposes of third party observations or opposition.
  • Third party observations may be filed in relation to absolute grounds for up to three months after publication
  • The registration procedure takes approximately six months from the application date provided no obstacles arise

Opposition

  • Trademark applications are published in the Official Gazette (for Spain) – Community TM Bulletin (EUTM).
  • Oppositions against trademark applications can be filed within three months from the publication date. No time extension is permitted

Duration

  • Trademarks are valid for 10 years from the application date.
  • Upon payment of renewal fees, the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last six months prior to the expiry of the ten-year protection period or up to six months after the expiry date with a fee for late renewal

Recording changes in the Register

  • Assignment of Rights Requirements

      • A written request for recordal of the Assignment or the official form
      • Assignment document simply signed by the Assignor and the Assignee – no legalization is required
      • Indication must be given of the future representative of the assignee
  • Change of Name Requirements

      • A written request indicating:
        1. Number of the application or EUTM registration
        2. Name and address of applicant
        3. An indication of the new name
        4. A copy of the Register of Companies showing the change of name
  • Change of Address Written request indicating

        1. number of the application
        2. name of applicant
        3. indication of the new address

Industrial Design

Filing the Application – Requirements

  • Name and address of the Applicant
  • Name and address of Designer or Notice that the Designer chooses not to be mentioned in the application
  • Indication of type of product (Locarno classification). In a multiple design application all products must belong to the same classification
  • At least one visual representation of the design (up to 7 views for a single Design). (If priority is claimed views are unlimited because all view of a priority mark can be submitted.)
  • Claim for priority must be made within one month from the application date and priority documents can be provided up to three months from the declaration of priority
  • However it is preferable to submit this at the time of filing
  • If confidentiality is required, publication of the Design can be deferred for up to 30 months
  • Request for publication must be made up to 27 months from the application/priority date
  • No power of attorney is required for an authorized representative

Registration Procedure

  • Examination of the formalities of the design
  • Examination of substance(that the design is indeed a design and not contrary to public policy or morality)
  • Publication of design (unless deferment requested)
  • If no objections, design granted from 2 – 10 days following the application

Duration

  • A design has a life of five years from the filing date
  • May be renewed in five year blocks up to 25 years

Recording changes in the Register

  • Assignment of Rights Requirements

      • Assignment document simply signed by Assignor and Assignee (no legalization or notarisation required)
      • Power of Attorney: No power of attorney for an authorized representative
      • Assignee address
      • Document listing the design(s) to which the Deed of Assignment refers if not listed in the Assignment document
  • Change of Name Requirements

      • Extract from the Register of Companies showing the change of name or
      • An Affidavit
  • Change of Address Requirements

      • A written request showing the old and new addresses

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