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In general, industrial property registrations are territorial, which means that the registration of a patent, trademark or industrial design at the Spanish Patent and Trademark Office (SPTO) only confers on its holder an exclusive right to use it in the territory of Spain. Consequently, products that include a protected element cannot be exported with a guarantee to other States if they are not also registered there by the same holder.

 

It is possible to obtain protection with a wider territorial scope through a community or international registration.

 

However, it should be noted that EU or international protection is costly, so before making a decision, it is essential to assess the following aspects:

 

  • What are your potential and future markets?
  • In which markets would you be willing to take legal action to protect your position?
  • What resources are available to you?
  • What is the strategic position of your competitors?

 

Depending on this analysis, there are different protection strategies: national, EU or international.

 

 

How is an industrial design registered in other states?  

 

1. DIRECTLY

 

Country by country, filing the corresponding applications in each of the countries in which the industrial design is to be registered, claiming the priority of a first filing in Spain (so as not to lose the novelty or the unique character). You can access the websites of important national offices by clicking on this link.

 

 

 

2.By means of an INTERNATIONAL DESIGN

 

Through this procedure, regulated by the Hague Agreement (Geneva Act), protection can be obtained in many countries by filing a single application through the World Intellectual Property Organization (WIPO) (Geneva), with the registration having the same effect as if the application had been filed in each of the designated countries. Each country can grant or refuse protection.
If applied for at the SPTO, a transmission fee(SPTO international registration fee) will be applied.

 

The duration of this registration is 5 years. The maximum number of times it can be renewed depends on the State.

 

 

3. Through COMMUNITY DESIGN

 

This procedure establishes the possibility of obtaining protection in the 27 member states of the European Union (EU) through a single application, which the applicant may choose to submit either to the SPTO or the European Union Intellectual Property Office (EUIPO) (Alicante).

 

It is valid for a period of 5 years and can be renewed for up to 25 years.

 

Fee comparison for the protection of a dossier with 10 designs

 

 

FEE

NATIONAL DESIGN
(Spain)

EU DESIGN
(27 states)

Registration application

€77.96

€1,265

Publication of application

-

€660

Successive

renewals

every 5 years

 

€100.64

€100.64

€100.64

€100.64

€900

€1200

€1500

€1800

 

 

More information