TRADEMARK APPLICATION FILING IN
Spain

Spain has a well-established framework for the protection of intellectual property. Trademarks in Spain are governed by national legislation that is harmonized with the standards of the European Union. The Spanish Patent and Trademark Office (SPTO) is the authority responsible for administering and managing trademark applications in the country. Spain has been a member of the World Intellectual Property Organization (WIPO) since 1970 and has played an important role in the development of international trademark protection. Notably, the Madrid System for the international registration of trademarks was established in Madrid in 1891, and Spain was among the original signatories.

The TM registration in Spain may be filed offline or through the online portal of SPTO.

Multi-class TM applications are allowed by the SPTO.

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Certified priority document*;

*If priority is being claimed, a Certified Priority Document in Spanish must be submitted within three months from the filing date;

• Power of Attorney*;

*An original Power of Attorney must be submitted within one month from receiving the notification from the Office where the POA is requested.

The TM registration process in Spain commences with the filing of application before the SPTO. Upon submission, the application undergoes a formal examination to verify compliance with the filing requirements. Thereafter, SPTO will conduct a substantive examination to assess whether the mark is distinctive and complies with the legal requirements. If any discrepancies arise during examination, the SPTO will issue an office action. The SPTO will provide one month of time to submit a response supporting the application. If SPTO is satisfied with the response, or if no objections are raised by the examiner, the application is published in the Official Industrial Property Bulletin a period of two months. However, if no opposition filed during the publication period, the application will proceed to registration. Subsequently, the SPTO will issue a registration certificate.

A third party submits a notice of opposition within the prescribed period of two months from the date of publication. Once opposition filed, the SPTO notifies the applicant. The applicant is required to submit a response to the opposition within one month from the date of notification. After the submission from the applicant, SPTO may request for the submission of evidence from both parties and if necessary, they will also schedule the hearing. Accordingly, they will make a decision either to grant or refuse the application.

A trademark registration in Spain is valid for a period of ten years. The trademark must be renewed within six months prior to the expiration of trademark registration.

A registered trademark must be used within the period of five consecutive years from its registration date. If the trademark is not used during this period, it may be subject to cancellation if applied by any third party.

The trademark registration in Spain normally takes six to fifteen months in straightforward applications.

Spain continues to show consistent growth in trademark activity, highlighting the increasing importance businesses place on protecting their brands. According to 2024 data from the World Intellectual Property Organization, Spain recorded approximately 136,497 trademark applications, reflecting a 5.4% increase from the previous year. This positions Spain 16th globally and 7th in Europe in terms of trademark filing activity.