Oficina española de Patentes y Marcas

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How can a trademark be transferred?

A trademark must be transferred either by means of a public document or by means of contract between the parties. Please refer to the Tax Authorities for information regarding any corresponding taxes to be paid.

Subsequently, an application for the registration of the transfer must be submitted to the SPTO on the Distinctive Sign Transfer Registration Form. One of the following documents must be attached to the application (the interested party may decide which document):

• A stamped copy of the public document, with all corresponding taxes duly paid.
• A standardised "Transfer Document" form, duly completed and signed by both parties.
• A standardised "Transfer Certificate" form.

Standardised forms can be obtained from the SPTO website: www.oepm.es, under TOOLS > FORMS > Trademarks and Trade Names

Applications for the registration of transfers are subject to the payment of a fee which is set on an annual basis.

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