Trademark registration in Spain and the EU
Guidance for businesses and international clients
Protect the sign your customers recognise. Start with the owner, territory and goods or services, then assess earlier rights before filing; registration is not a guarantee that every similar use can be stopped.
What a registered trademark protects
A trademark distinguishes the goods or services of one business from those of others. Protection depends on the sign, registered goods and services, territory and relevant legal limits. A company name or domain does not automatically give the same protection.
Choose a distinctive sign
Words, logos and other eligible signs can be protected if they meet the requirements. Descriptive, misleading or non-distinctive signs can be refused. Copyright, designs and patents protect different subject matter; a trademark does not protect every feature of a product or website.
Spain or the European Union?
A Spanish application is filed with the OEPM. An EU trademark is filed with EUIPO and has a unitary EU-wide scope. EUIPO is the current name of the former OHIM.
Choose according to the market and risks. An EU application is not automatically the best option: earlier rights or objections affecting part of the EU can have wider consequences.
Search earlier rights before applying
Search identical and similar marks in the relevant territories and classes. A preliminary search helps assess risk but cannot guarantee registration or identify every possible objection.
Define the goods and services
Applications use the Nice Classification. The wording and classes determine the protection sought; choosing a class number alone is not enough. Plan the specification around the real business and intended development.
Prepare the application
- Identify the intended owner and contact details accurately.
- Provide the sign in the required format and the goods and services to protect.
- Confirm the territory, any priority claim and representation documents.
- Agree official fees, professional work and the treatment of objections, oppositions, monitoring and renewals.
Examination, publication and decisions
The office examines the application and publishes it under the applicable procedure. Earlier-right holders may oppose. A filing receipt is not a registration, and timing depends on objections and proceedings rather than a guaranteed completion date.
Frequently asked questions
Does the mark have to be used?
Genuine-use requirements apply. An uninterrupted five-year period of non-use can expose protection to challenge, subject to the applicable rules and valid reasons.
Does registration guarantee that nobody copies the mark?
No. Monitoring can identify conflicting applications or uses, but responses require assessment. Agree whether monitoring is included and what action is covered.
What do you need from us?
The proposed owner, sign, markets and goods or services. Tell us about any prior use, applications or disputes before filing.
How long does protection last?
Spanish and EU trademarks are generally registered for ten years from the filing date and can be renewed for further ten-year periods. Observe renewal requirements and deadlines.
Tell us what your business needs
Share the planned activity, countries involved and any deadlines. We will confirm the information needed, the service scope and a case-specific quotation.
Contact our teamRelated services
Official sources
Sources are published in the issuing organisation’s language.
General information. Requirements depend on the activity, documents and applicable rules.