A Practical Guide To Trademark Registration In Spain: Protecting Your Brand For The Spanish Market And Beyond

A Practical Guide to Trademark Registration in Spain: Protecting Your Brand for the Spanish Market and Beyond

This is the latest post in our global trademark series. Having covered Australia, Brazil, and Türkiye, we now turn to Spain—a key jurisdiction in the European Union, with a dynamic consumer market, strong IP enforcement culture, and seamless integration into the EU trademark system.

If your brand does business in Spain—or plans to—it's critical to understand both the national and EU-level trademark options. Here's what you need to know.

What Can Be Registered as a Trademark in Spain?

Under Spain's Trademark Act (Law 17/2001), a trademark can consist of any sign capable of distinguishing the goods or services of one business from those of others. Following harmonization with EU law and the removal of the "graphic representation" requirement, the OEPM's system is modern and flexible, allowing for the registration of a broad range of mark types, including:

• Words: Brand names, slogans, company names
• Logos: Symbols, illustrations, stylized text
• Letters and numbers
• Shapes: Product configurations or packaging
• Colors: If distinctive
• Sounds: Jingles, audio logos (typically submitted as an MP3 file or in musical notation)
• Motion or multimedia marks: (typically submitted as an MP4 video file)
• Holograms: (typically submitted as an MP4 video file or a series of graphic reproductions)
• Any combination of these elements

Spain's system, administered by the Spanish Patent and Trademark Office (Oficina Española de Patentes y Marcas, OEPM), is closely aligned with other EU trademark systems. For these non-traditional marks, the representation must enable the competent authorities and the public to determine the clear and precise subject matter of the protection.

What Cannot Be Registered as a Spanish Trademark?

Despite its broad scope, there are important limitations. A mark cannot be registered if it falls under any absolute grounds for refusal, including:

• Lack of distinctiveness
• Generic or descriptive terms (e.g., "delicious" for food)
• Customary terms in the trade
• Deceptive or misleading marks
• Public policy or moral concerns
• Use of official emblems, flags, or other protected symbols without authorization

Relative grounds for refusal include conflicts with earlier rights—such as identical or confusingly similar registered trademarks, unregistered trademarks with a reputation, or rights in company names or domain names. While Spain follows the "first-to-file" principle, a mark that has acquired a significant market presence without registration may still be protected against later conflicting marks, primarily through actions under unfair competition law, though this is generally more challenging than relying on a registered right.

Spain Is a First-to-File Country

Spain follows the first-to-file principle. This means the first person or entity to file a valid application generally gains exclusive rights—even if someone else used the mark first. Filing early is critical to secure your position and avoid the risk of trademark hijacking or local competitors registering your brand.

Filing Across Multiple Classes

Spain permits multi-class trademark applications, allowing applicants to register the same mark across several categories of goods and services in one filing. Government fees apply per class, so businesses should carefully evaluate the scope of protection needed.

Step-by-Step: The Spanish Trademark Process

1. Pre-Filing Search

Conduct a clearance search using OEPM's database (or the EUIPO's, if filing an EU mark) to identify potential conflicts.

2. Application Filing

Submit your application online to the OEPM. You'll need to specify the relevant Nice classes and provide a clear description of goods and services.

3. Formal Examination

The OEPM checks the application for formal compliance. If issues arise, you'll be given time to correct them.

5. Substantive Examination

Spain's trademark office assesses whether the mark is distinctive and complies with legal requirements.

6. Publication and Opposition

If approved, the application is published in the Official Industrial Property Bulletin for a two-month opposition period. Third parties can challenge the mark during this window.

7. Registration

If no opposition is filed—or if it's resolved in your favor—the mark is registered, and a certificate is issued.

Spain Trademark Registration Timeline

A straightforward Spain trademark application, with no opposition, typically takes 5 to 7 months from filing to registration. However, objections, oppositions, or procedural delays can extend this timeline.

Common Spain Trademark Filing Mistakes

Avoid these frequent pitfalls:

• Filing for marks that lack distinctiveness
• Overly broad or vague descriptions of goods/services
• Using protected symbols or terms without permission
• Filing under the wrong applicant's name or entity
• Misusing the ® symbol before official registration
• Assuming EUIPO registration automatically covers national peculiarities

Spain also recognizes collective and certification marks, which must meet special criteria and are often misunderstood or misapplied.

If You Receive an Office Action or Opposition

If your application is challenged, don't panic. You'll typically have one month (extendable in some cases) to respond. Your options may include:

• Submitting arguments supporting the mark's distinctiveness
• Narrowing the goods/services scope
• Negotiating a coexistence agreement or obtaining consent from the rights holder
• Providing evidence of prior use or acquired distinctiveness

Early intervention by experienced trademark counsel is key to resolving these disputes efficiently.

Official Spain Trademark Registration Fees (as of 2025)

Fees are per mark and class. Estimates based on current exchange rates. Legal service fees not included.

Trademark Use Requirements

Spain does not require use of the trademark at filing or registration. However:

• A mark can be cancelled for non-use if not used for five consecutive years after registration
• No declaration of use is required at renewal
• Consistent use is essential for enforcement and renewal protection

Registering Non-Spanish or Non-Latin Character Marks

Marks in Chinese, Cyrillic, Arabic, or other non-Latin scripts must be registered as figurative (design) marks in Spain. You'll need to provide:

• A phonetic transliteration
• A Spanish or English translation

These disclosures help with examiner clarity and avoid confusion with existing marks.

" and ® Symbols: What They Mean in Spain

• " has no formal legal status under Spanish law, but it may signal intent to claim rights
• ® can only be used once your trademark is officially registered with the OEPM or EUIPO

Misuse of the ® symbol before registration may be considered misleading under Spain's unfair competition rules.

Spanish Customs Recordation

After registration, you can record your trademark with Spanish Customs (Aduanas) to block counterfeit imports. Customs recordation is especially useful for consumer products, luxury goods, and technology brands, and can significantly improve enforcement at Spain's borders.

Final Thoughts

pain offers a robust, EU-aligned trademark system that delivers an effective balance of speed, affordability, and enforcement power. Whether filing directly in Spain or via the EUIPO for broader EU coverage, trademark registration here provides strategic protection across key European markets.

Our firm handles a high volume of Spanish and EU trademark filings, as well as international applications under the Madrid Protocol. With experienced IP lawyers based in Spain, we provide clients with efficient, compliant, and business-aligned trademark strategies grounded in local and regional insight.

To protect your brand over the long term:

• File early—especially if you're planning market entry soon
• Use your mark consistently in commerce
• Monitor for potential infringements
• Maintain and renew your rights on schedule
• Consider customs recordation for enhanced enforcement

A Practical Guide To Trademark Registration In Spain: Protecting Your Brand For The Spanish Market And Beyond

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.