If you’ve decided to register a trademark in Spain, it is worth noting that the country has an updated Law on TM, which is largely synchronized with the legislation of the European Union on trademarks.
Amendments to Spanish legislation facilitate and expedite the registration of TMs in Spain. These measures are also intended to strengthen the protection of intellectual property in Spain.
In particular, the following important changes have been made:
- Entrepreneurs wishing to register a TM in Spain no longer need to present their mark graphically. This expands the field of registration of non-standard signs, such as TM in the form of a smell;
- Brands with a reputation in Spain or the EU receive enhanced protection;
- Licensees have the right to object or take measures against violations of TM rights;
- Prohibitions on the registration of TMs in Spain concerning designations of origin of products, traditional wines or original dishes, and names of plant varieties have been established;
- If you object to the registration of the TM by a third party, you can request confirmation of the person's rights to use or have reasons for not using the mark;
- The Patent and TM Office now has jurisdiction, which in some cases shares with civil courts: to allow the revocation and invalidation of Spanish TMs. This amendment will come into force in 2023.
Once you file an application to register a TM in Spain it can take between one to two years for it to be registered.
IQ Decision UK specialists will help you understand all the nuances of intellectual property protection in Spain. We are ready to provide competent advice on the subject of the article, as well as provide comprehensive assistance in the registration of TM in Spain and other EU countries.