SPAIN Law and Practice Contributed by: Marina Gómez, Arochi & Lindner
4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration The registration of a trade mark is constitutive – ie, the rights conferred by the trade mark are acquired by the registration of the trade mark. The mere use of the trade mark in the course of trade does not in itself confer rights. The benefit conferred by the registration of a trade mark is that its owner will have an exclu - sive right to the registered sign and can prevent its use by third parties. There are no additional requirements that depend on the type of trade mark applied for, and the same requirements apply to all types of trade marks. 4.2 Trade Mark Register In Spain, there is a single public register respon - sible for granting the registration of a trade mark: the Spanish Patent and Trademark Office (SPTO). Before proceeding with a trade mark application, it is advisable to carry out a prior art search to detect earlier registered trade marks and thus prevent possible opposition during the registra - tion procedure. This search can be performed by consulting the database of the European Union Intellectual Property Office (EUIPO), called TMview. In addition, there are other paid plat - forms where these searches can be carried out. 4.3 Term of Registration The registration of a trade mark is granted for a period of ten years from the filing date of the application, and may be renewed successively for periods of ten years without having to prove
compliance with any requirement, except for the payment of the corresponding fee. The application for renewal may be submitted from six months before expiry of the registration until six months after expiry (grace period). Once these periods have elapsed, the trade mark will lapse and cannot be reactivated. In exceptional cases, a trade mark may be reactivated after the grace period by means of the “re-establishment of rights” procedure. 4.4 Application Requirements Trade mark applications may be filed by natural or legal persons, including public law entities. Persons not resident in a country of the EU must act through an industrial property agent. The application for registration of a trade mark must contain, at least: • the trade mark application form; • information on the applicant; • a representation of the mark; and • a list of the goods or services for which regis - tration is sought, identifying the class(es) for which protection is sought. The application fees depend on whether the application is filed online or in person, and are EUR127.88 for an online application in one class and EUR82.84 for each additional class. 4.5 Use in Commerce Prior to Registration It is not necessary for the applicant to use the mark prior to the application/registration.
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