Maybe you started offering your products or services in a casual way through your blog or website. However, your business may have grown over time and now you have your own trademark which clients identify you with. But, have you registered it? If you have been using the same trademark for years but you haven’t registered it, you have no rights over it so someone else could register your trademark anytime.
There are many questions and answers about trademark registration so we invite you to read this Brandemia post called “20 curious FAQS about trademarks registration”.
However, we will focus on the steps to follow to register a trademark since it may seem difficult but it isn’t (once you have read all FAQS and almost learnt by heart the Spanish Patent and Trademark Office website, and it has taken you a whole morning and three failed attempts to register a trademark…).
The steps to follow to register a trademark in Spain are…Let’s go!
1. Where do I register my trademark?
To do this, access the Spanish Patent and Trademark Office website. First of all, you will find a lot of useful information and links which would be a good idea to read.
2. How can I know if my trademark has been already registered?
Firstly, you should check whether a similar trademark has already been registered. To this end, go to ‘Trademark Locator Service’.
You can search by name or the Nice Classification, which is a classification of products and services applied for the registration of marks. When registering a trademark, you will have to select the category or categories your trademark will be classified into.
If you find a similar trademark, they CAN’T guarantee that your request will be granted but neither can they reject it if products or services are different enough. There is a helpful FAQ section where you can filter those questions you are interested in.
3. How much does it cost?
Ideally, you should use the online request since it is slightly cheaper. Trademark registration cost is €122.89. The second or subsequent trademark registration cost is €79.61 each.
You can check prices of trademarks, trade names, patens and industrial designs registration on ‘Public Fees and Prices’.
IMPORTANT: If your registration request is rejected, the amount paid won’t be refunded.
4. Where can I find the online request form?
First, access the e-office. As generally you will be registering just one trademark, on the catalogue of procedures, click Individual in the section called Trámites para Signos Distintivos. Here you will also find those procedures to follow when registering inventions, industrial designs…
Then, download the document in your computer to fill in and upload it. If you need help to fill in the form, instructions can be found on the same document or on the user guide.
5. Considerations to keep in mind when filling in the form.
First of all, the ‘Type of Distinctive Sign’ could be:
— Standard Characters Mark. Letters from A to Z (Ñ included), numbers and some special characters. Texts including characters different from these must be registered as graphic marks.
— Non-standard Characters Mark.
— Graphic Mark.
— Mixed Mark. Words and graphs.
— Three-Dimensional Mark.
— Sound Mark. Sound marks must be represented graphically by means of a pentagram.
Secondly, as to the image that you will upload in case of registering a mixed or graphic mark, it must be in .jpg or .tif format and have a maximum resolution of 945 X 1417 pixels, 300 ppp and 24 bpp. It can be a black and white or colour image. In case it is a colour image, you must mark the “Colour Claim” box.
Finally, as regards categories, you must choose at least one, although you can select as many as you wish from the 45 existing categories.
6. Registration completion and payment
Click ‘Submit’ to upload the form that you previously downloaded and filled in. If any field is incomplete or values are null, you won’t be able to continue. A message explaining possible errors will be displayed on the screen. Once you have corrected them, you will be able to continue.
Payment options available are:
— EAT Payment Gateaway
— La Caixa Payment Gateaway
— Credit Card
— Advance Payment
As soon as the payment is made, you will be redirected to a page called Solicitud Procesada (Request Successfully Processed) where you can check your application number and download your proof of request. You will also receive it on your email if you have previously chosen this option.
We hope that you have found this post helpful and, as we pointed out, remember that these are the steps to follow to register a trademark in Spain.