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Frequently Asked Questions Industrial Property

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).

The two means of communication used are postal mail and email. The applicant can choose which mean of communication they prefer for receiving notification of suspensions. If they do not choose a preferred method, notifications will be sent by postal mail. Notifications sent by post tend to be sent without recorded delivery with a few exceptions (including faults preventing acceptance for processing).

In addition to the personal notifications, the SPTO publishes information daily in the BOPI.

The SPTO does not have a centralised communication service, and therefore you should contact the corresponding department (Distinctive Signs, Patents) and indicate the number of the case file so that they can give you information about this communication.

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.