Warning about offer of certain legal services for managing trademark renewals with the SPTO.


With regard to the query received by the Spanish Patent and Trademark Office about a letter offering alleged legal services for managing trademark renewals with the SPTO, which includes, among others, the logo and official name of this organisation, potentially resulting in confusion about the existence of any links between the SPTO and the content of said letter, the SPTO hereby informs you of the following:

On the organisation’s web page, www.oepm.es > Distinctive signs > National trademarks > More information > Commitment on processing times and decision deadlines for distinctive signs > "Notice of the end of the legal life of the trademark or trade name with a view to its possible renewal" the following information is published:

“The Spanish Patent and Trademark Office (SPTO) notifies the holders (or their representatives, where applicable) of trademarks or trade names when these are due to expire so that, if the holders wish to do so, they can request their renewal. This notification, which is solely for information purposes, is issued by the SPTO between 6 and 5 months before the expiration date of the registered trademark in question. Notification is not given any earlier in order to avoid renewal applications being made before the legal deadline period starts, given that under the Trademark Act a renewal application cannot be accepted more than 6 months prior to the end of the legal life of the registration.

When the notification is sent to a holder who does not have a representative, if they do not receive it, this is probably due to a change of address which the holder has failed to notify the SPTO about.  

As with all communications from the SPTO, this expiration notification is always properly identified with the institution's emblem, the name of the Ministerial Department it is attached to (Ministry of Industry, Energy and Tourism) and with the logo and official denomination of the SPTO.

All communications from the Spanish Patent and Trademark Office, both informative content (notifications of renewals or of payments to maintain rights, information about different categories of industrial property requested by citizens) and communications relating to administrative procedures will incorporate, as mentioned above, the official identification of the Organisation and will be sent directly using the organisation's own material and professional resources, without any intervention from third parties, and therefore without any links to the person responsible for the letter that was subject of the query.

If you have any questions or require clarification about the legal status of an industrial property right, the SPTO provides the following information services: customer support line 902 15 75 30, email queries informacion@oepm.es, and you can also visit the organisation’s head offices in person (Paseo de la Castellana 75-28071 Madrid).