SPAIN Law and Practice Contributed by: Joaquín Jofre Fernández-Abascal, Jofre Sports Law
Specialised aid (ADO) The ADO programme (Association of Olympic Sports) is supported by the CSD to fund scholarships for ath - letes in international competitions. Local sport Local authorities manage funding for local clubs, schools and community facilities, focusing on partici - pation. Infrastructure and innovation The government invests directly in new infrastructure. Key Strategic Priorities Women’s sports Direct grants are increasingly directed towards female competitions. Inclusivity This includes support for the Spanish Paralympic Committee and specialised health centres. Data and technology Funding is directed towards scientific research in sports performance. 5. Intellectual Property, Data and Data Protection 5.1 Trade Marks In Spain, trade mark registration is managed by the Spanish Patent and Trade Mark Office (OEPM), grant - ing exclusive rights to distinctive signs that identify goods or services. How to Register a Trade Mark The process can be completed online or in person. • Search – verify availability using the OEPM Trade Mark Locator to avoid conflicts with existing marks. • Application – submit applicant details, a represen - tation of the sign (logo, word, sound), and a list of goods/services categorised by the Nice Classifica - tion. • Examination and publication – the OEPM conducts formal and legality checks. If cleared, the applica -
tion is published in the Official Intellectual Property Gazette, allowing third parties two months to file oppositions. • Grant – if no successful oppositions occur, the mark is registered for ten years, renewable indefi - nitely. What Cannot Be Registered Under the Spanish Trade Mark Act (Law 17/2001), the following are prohibited: • lack of distinctiveness – generic terms or purely descriptive words; • misleading signs – marks that deceive the public about the nature or origin of the product; • official emblems – state flags, coats of arms, or protected symbols without authorisation; • public order – signs contrary to law, public order or morality; and • prior rights – marks identical or confusingly simi - lar to previously registered trade marks or trade names. Advantages of Registration These include: • exclusivity – grants the sole right to use the mark and prevents competitors from using similar signs for related goods; • enforcement – enables legal action against infringement, including customs protection to seize counterfeit goods; and • commercial asset – a registered mark can be licensed, franchised or used as collateral for loans. Registration Without Use Spain follows a “first-to-file” system, meaning it is possible to register a mark before using it. However, the following should be noted: • grace period – once registered, the owner has five years to begin effective and genuine use in Spain; and • vulnerability – after five years, if the mark remains unused without a valid reason, it becomes vulner - able to cancellation by third parties for non-use.
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