SPAIN
step number step corresponding information
step 1

Prepare your trade mark

- make sure your trade mark is a distinctive, word, logo, picture or other sign that clearly identifies your goods and services from other traders

- decide what classes of goods or services you require.

- check if your trade or name has not already been registered. If you wish to register a name, visit our website http://www.oepm.es/Localizador/homeLocalizador.jsp. If your search does not find an identical sign, you should ask the SPTO, and pay a fee for another search for previous applications or rights according to phonetic similarity

 

 

step 2 You fill in and file the application form: “ Instancia de solicitud 4101” and pay the application fee.  
step 3

We respond by issuing a filing receipt which includes an application number.

If you are applying without the help of a patent agent we will also send you a pamphlet explaining the next steps.

 

 

step 4

We carry out an examination to make sure your application meets certain formal requirements. The SPTO does not examine whether similar or identical trade marks have already been registered

We will notify you of any infringement of the law detected and shall give you a period of one or two months in which to respond.

Applications failing to pass this assessment phase will be rejected.

 

step 5 If the examiner has not raised objections, or objections that have been raised have been overcome, we will publish the application in the Trade Marks Journal  
step 6 There is a period of two months for anyone else to oppose the registration of your mark. Meanwhile we carry out a sustantive examination.  
step 7

If no one has opposed your registration or you overcome the sustantive examination your registration becomes final and you can collect the registration certificate. "

Innovaccess is a constituent part of the IP Awareness and Enforcement: Modular Based Actions for SMEs project (IPeuropAware) 
which is co-financed by the CIP Programme, DG Enterprise and Industry of the European Commission