Trademarks Law in Spain
Certainly! Here’s a detailed overview of Trademark Law in Spain:
Trademark Law in Spain
Legal Framework
Trademark protection in Spain is governed by the Spanish Trademark Act (Law 17/2001, of December 7, 2001), as amended.
The registration and administration are handled by the Spanish Patent and Trademark Office (OEPM).
Spain is a member of several key international treaties:
Paris Convention
Madrid Protocol
TRIPS Agreement
European Union Trademark (EUTM) system via the EUIPO (European Union Intellectual Property Office)
Key Features
1. What Can Be Registered?
Any sign capable of distinguishing goods or services, including:
Words, names, letters, numerals
Logos, designs, and symbols
Shapes, colors, sounds, smells (under certain conditions)
Position marks and motion marks (non-traditional trademarks)
2. Types of Trademarks
Individual trademarks
Collective marks
Certification marks
Well-known trademarks (recognized and protected even without registration)
3. Registration Process
Application filed with the OEPM (for national trademarks).
The process includes:
Formal examination (completeness and compliance)
Substantive examination (distinctiveness, non-conflict with prior marks)
Application is published in the Trademark Bulletin.
Opposition period: 2 months from publication.
If no opposition or opposition unsuccessful, the trademark is registered and published in the official register.
4. Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
Renewable indefinitely for successive 10-year periods.
Renewal requests must be filed before the expiration date.
5. Rights Conferred
Exclusive right to use the trademark in Spain for the registered goods/services.
Right to prevent unauthorized use or confusingly similar marks.
Rights to license, assign, or pledge the trademark.
Protection against dilution and unfair competition.
6. Infringement and Enforcement
Enforcement is through civil courts and administrative actions.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
Criminal sanctions apply for counterfeiting.
Customs authorities support the enforcement against counterfeit goods at the borders.
7. International Treaties
Spain participates in:
Paris Convention
Madrid Protocol
TRIPS Agreement
European Union Trademark (EUTM) system
Spanish national trademark rights coexist with EUTM rights which cover Spain as part of the EU.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Spanish Trademark Act (Law 17/2001) |
| Registration Authority | OEPM (Spanish Patent and Trademark Office) |
| Protection Duration | 10 years, renewable |
| International Systems | Paris Convention, Madrid Protocol, TRIPS, EUTM |
| Enforcement | Civil/criminal remedies; customs enforcement |
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