In Spain, there are two types of distinctive signs which, in order to be enforceable, must be validly registered. Nowadays, registering a trademark or a trade name in Spain is a relatively simple and cost-effective procedure that anyone can carry out directly. However, clients who rely on Abril Abogados for trademark registration understand that our added value goes far beyond merely filing an application, as the value of a trademark is not limited to the payment of official fees.
Trademark and trade name: a fundamental pillar
From our perspective, trademarks and trade names are often among the most valuable intangible assets a company possesses. It is essential for the overall market strategy that its distinctive signs (trade names, logos or corporate identity, company name, product trademarks, domain names) are correctly classified and that the description of goods and services is appropriate. Furthermore, at Abril Abogados, we not only handle the filing of your trademark application, but we also provide immediacy and integrate it within a broader strategic framework over time and across different jurisdictions, helping clients avoid duplication and unnecessary registrations.
Proper planning of trademark and trade name protection is not only for large companies. On the contrary, it is particularly important for entrepreneurs or newly created businesses, as starting a business with exclusive rights over a distinctive sign provides a competitive advantage from the outset.
How to register a trademark in Spain?
An application for a Spanish trademark must be filed through the Spanish Patent and Trademark Office (OEPM) or at any regional industrial property information center, complying with the formal requirements and paying the applicable fees. Our service ensures immediate electronic filing and full compliance with all formalities. Beyond filing, we also assist with any incidents or related procedures such as changes of ownership, registration of licenses, recordal of liens, or other formalities such as registering mortgages over the distinctive sign.
If the client requires a name for a company to operate in the market, they will need the corresponding certification issued by the Central Mercantile Registry.
How to register a trademark in the European Union?
Similarly to the national system handled by the Spanish Patent and Trademark Office, the EUIPO (European Union Intellectual Property Office) is responsible for processing EU trademark registrations. As protection extends uniformly across all EU Member States, the fees are higher than for a Spanish trademark, and the applicable legislation is governed by EU Regulations, which, although similar, present important formal and substantive differences.
How to register international trademarks?
International trademarks are those registered through the World Intellectual Property Organization (WIPO), based in Geneva, under the international treaties known as the Madrid System (Madrid Agreement and Madrid Protocol). These treaties have been ratified by more than 140 countries, making this a widely used system for trademark protection due to the significant cost savings it offers trademark holders.
