Spain

Trademarks

Filing the Application – Requirements

• Name and address of the Applicant. If it is a legal form we need ID number;
• Representation of the mark;
• List of Goods and Services according to Nice Classification 12th Edition (Classes 1-45);
• Priority date, country and number details. Within three months from the Application date, the priority documentation can be submitted. Certified Copy of the Priority document and translation of the same;
• Power of Attorney, simply signed. Scanned copy is sufficient.

Registration Procedure

• Application is filed at Spanish PTO and examined for admissibility (including representation of the mark and classification);
• SPTO 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 two 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);
• Oppositions against trademark applications can be filed within two months from the publication date (non-extendable).

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 six months prior to the expiry day without surcharge or the six months after the expiry date with a surcharge for late renewal.

Recording changes in the Register

Assignment of Rights Requirements

• Document or certificate of transfer duly signed by both Assignor and Assignee including name, surname and position of the signatory (official Spanish form);
• If the certified copy of the assignment document is submitted (instead of the official form 4010), notarization and legalization would be required along with a Spanish translation of the same;
• Power of Attorney signed by Assignee. No legalization is required.

Change of Name Requirements

• Certified copy of the Change of Name with Apostille with the corresponding Spanish translation;
• Power of Attorney simply signed by the new company. No legalization is required. Scanned copy is sufficient.

Change of Address

• Power of Attorney simply signed by the Applicant/Proprietor. No legalization is required. Scanned copy is sufficient.

Industrial Design

Filing the Application – Requirements

• Name and address of the Applicant and ID of the legal or natural person;
• Name, nationality and address of Designer;
• 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);
• Priority details (number, country and date) and the priority documents can be provided within three months of the priority claim;
• If confidentiality is required, publication of the Design can be deferred;
• Power of Attorney, simply signed.

Registration Procedure

• Examination of the formalities of the design (including representation);
• Examination of substance (that the design is indeed a design and not contrary to public policy or morality or that it does not contain Spanish official symbols and emblems, classification);
• Publication of design (unless deferment requested);
• If no objections arise, the design is granted in 3 days following the application and 5 months if there are objections/suspensions.

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

• Document or certificate of transfer duly signed by Assignor and Assignee including name, surname and position of the signatory (Spanish official form);
• If the copy of the assignment document is submitted (instead of the official form), notarization and legalization would be required along with a Spanish translation of the same;
• Power of Attorney signed by Assignee. No legalization is required. Scanned copy is sufficient.

Change of Name Requirements

• Certified copy of the Change of Name with Apostille and the corresponding Spanish translation;
• Power of Attorney simply signed by the new company. No legalization is required.

Change of Address Requirements

• Power of Attorney simply signed by the new company. No legalization is required. Scanned copy is sufficient.

EUTM

Trademarks

Filing the Application – Requirements

• Name and address of the Applicant and indication of the legal form
• Representation of the Mark;
• List of Goods and Services according to Nice Classification 12nd Edition (Classes 1-45);
• Priority date, country and number and the Priority document which can be submitted subsequently within three months from the Application date;
• 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 Bulletin;
• Oppositions against trademark applications can be filed within three months from the publication date (non-extendable).

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 six months prior date without surcharge or up within the six months after the expiry date with a surcharge for late renewal.

Recording changes in the Register

Assignment of Rights Requirements

• A written request for recordal of the Assignment in the official form indicating:

1. Number of the application or EUTM registration to be assigned;
2. Assignor and Assignee and their respective addresses.

• 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.

• Power of Attorney: No power of attorney is required.

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.

• A copy of the Register of Companies showing the change of name, or an Affidavit;
•  Power of Attorney: No power of attorney is required.

Change of Address 

• A written request indicating:

1. Number of the application or EUTM registration;
2. Name and address of applicant;
3. An indication of the new address.

• Power of Attorney: No power of attorney is required.

Industrial Design

Filing the Application – Requirements

• Name and address of the Applicant;
• Name, nationality and address of Designer;
• 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);
• Priority details: number, country or priority date if those cannot be retrieve automatically with the e-filing;
• If confidentiality is required, publication of the Design can be deferred;
• 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

• A written request for recordal of the Assignment in the official form indicating:

1. Number of the application or RCD registration to be assigned;
2. Assignor and Assignee including addresses.

• 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;
• Power of Attorney: No power of attorney is required.

Change of Name Requirements

• A written request indicating:

1. Number of the application or RCD registration;
2. Name and address of applicant;
3. New name.

• A copy of the Register of Companies showing the change of name, or an Affidavit;
• Power of Attorney: No power of attorney is required.

Change of Address Requirements

• A written request indicating:

1. Number of the application or RCD registration;
2. Name and address of applicant;
3. New address.

Name and address of the Applicant and indication of the legal form;

• Power of Attorney: No power of attorney is required.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.