Ministerio de Industria, Turismo y Comercio LogoMinisterior

Frequently Asked Questions Industrial Property

Claims and responses to the suspension should be submitted either in hard copy or electronically via the Virtual Office, on the official form and with the documents requested in the reasons for the suspension and the corresponding fee, if applicable.

For security reasons, documents cannot be sent via email.

After the deadline for responding to the failure notification of the corresponding procedure, whether or not the applicant replies, the SPTO resolves the matter through a written determination, and the application may be denied wholly or partially, depending on the nature of the defect.

No, a failure means that the process becomes paralysed, with the establishment of deadlines for the applicant to respond.

In a determination, the SPTO takes a final decision within a procedure. This decision may be: to grant a Trademark or Patent, deny a Design, etc. You can file an appeal for any decision taken by the Office in the period of one month following publication of the determination in the Spanish Official Industrial Property Gazette, the B.O.P.I. (Boletín Oficial de la Propiedad Industrial).

In response to an application for Industrial Property Rights, whether for a Patent, a Trademark or a Design, it is possible for third parties to “oppose” granting.

To do this, the corresponding document must be submitted to the SPTO, and this will be sent to the applicant affected by the opposition. The applicant will have the opportunity to respond to same.

In view of the oppositions submitted by third parties and the corresponding allegations provided by the applicant, the SPTO will issue a written determination.