Alerta

Changes of address must be reported using form 4005-bis and sent to the Spanish Patent and Trademark Office, Paseo de la Castellana, 75. 28071 Madrid.

It is ABSOLUTELY NECESSARY to indicate the category (brand, business name, patent, design...) and the case file number.

Yes. Applications submitted at offices in the Autonomous Regions can be written in the co-official languages of the region, but they must be accompanied by a Spanish translation, which will be considered binding in the event of any conflict in interpretation of the two texts.

However, applications submitted directly to the SPTO head office must be written in Spanish.

Yes. Industrial property rights can be passed on, given in guarantee or be the subject of real rights, regardless of whether ownership of the company has been wholly or partially transferred. For such actions with third parties to take effect in good faith, they must be registered with the SPTO.

The main encumbrances include:

- licences: the holder of the right allows its use or exploitation by others but retains “ownership”.

- transfers: the holder of the right transfers ownership to third parties.

- chattel mortgages: the holder of the right grants it in guarantee of a payment.

- usufruct: the holder grants the right of use to a third party, which can involve the exploitation or use of the property, or the income obtained from the licence fees paid to third parties.

This is something an employee invents, during the term of a contract or employment relationship, that is the result of the employee's research activities, provided that said invention is covered by the employment contract, i.e., that the employee was hired for that purpose. Work-related inventions belong to the owner of the company.