If you want to distinguish your goods, services or both from those of another company, you may need a trademark or trade name. Find out what they are, what their registration procedure is and what it involves.
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Ten years from the date of application. After ten years the trademark and/or trade name must be renewed. The trademark and/or trade name can be renewed indefinitely.
The SPTO will advise you in plenty of time when the period is due to expire. It is important that you notify the SPTO of any change of address. It is advisable to indicate an e-mail address as your preferred method of notification, as this is the quickest way of receiving notifications.
Notwithstanding the above, it is important to bear in mind that some national registrations awarded under the old trademark legislation are still valid and therefore, if the application date was prior to 12 May 1989, it is worth consulting the Office’s information services to find out the next renewal and payment dates for your trademark or trade name.
The cost of registering a trademark or trade name is around 144 euros for the first class requested. There is a 15% discount for applications sent electronically. The second and any subsequent classes requested cost around 93 euros.
To maintain these rights you will have to pay for them to be renewed every ten years. The fees are revised annually through the General State Budgets Act and details of the amount payable can be found on the SPTO web page (“SPTO Fees”).
The cost for registering a trademark is always the same, regardless of the type of trademark.
The issue that determines the cost of an application is the number of classes under which the protection is sought.
These fees are updated every year by the State General Budget Law and you can find the figures on the SPTO website (Tasas OEPM).
The sign you want to register must be lawful and able to carry out the relevant identifying and differentiating functions of a trademark, which means that it must not incur any of the strictly prohibited aspects established by law. It should also be available, meaning that it does not conflict with any previous rights, either of a trademark or any other personality right such as the right to a name or own image or any other intellectual property right, etc.
BOPI
Electronic site
