Ministerio de Industria, Turismo y Comercio LogoMinisterior
 

Buscar marcas y nombres comerciales

 

Duration of the protection

 

Industrial designs are granted for a maximum period of 25 years and are renewable for successive periods of 5 years. If you do not renew the registration of your design, it will expire and fall into the public domain.

 

 

How to enforce your industrial design rights

 

Within two months of the publication of the registered design, any third party may file an opposition to the grant of the design based on articles 5 to 11 of Law 20/2003 on the Legal Protection of Industrial Design. Legitimate owners of prior signs or rights who consider that the registered design infringes their rights may also object.

 

If you are the owner of a registered design, it can serve as a basis for opposing potentially conflicting rights, although your design may also be challenged within two months of its publication in the Official Industrial Property Gazette.

 

The following informative video describes how to proceed before the SPTO to request the cancellation of a registered design in Spain. Produced by the Spanish Patent and Trademark Office (SPTO) and the European Union Intellectual Property Office (EUIPO).

 

Information

Two months after its publication in the Official Industrial Property Gazette, the registered design may only be cancelled before the courts.