Any natural or legal person may apply through the SPTO e-Office for a trademark or trade name to distinguish certain products and services in Spain.
If the application has no formal defects or if these have been remedied, it is published in the Official Industrial Property Gazette and there is a two-month period for oppositions and/or observations by third parties.
Holders of certain earlier rights who consider themselves adversely affected by the application for registration of a trademark or trade name may file a third-party opposition or observation.
Once the period for filing third-party oppositions and/or observations has expired, it is examined whether the application falls under any of the prohibitions for registration of the Trademark Act. If that is the case, or if objections or observations from third parties have been submitted, this is communicated to the applicant for correction.
If oppositions based on earlier registered trademarks or trade names have been filed, the applicant for the trademark that has been challenged may request that such opponents prove use of their earlier trademarks or trade names provided that certain circumstances are met. It is important to prove use, otherwise the opposition may be rejected.
The trademark or trade name shall be granted or refused on the basis of the existence of defects and the arguments of the parties. This decision will be published in the Official Industrial Property Gazette and may be appealed within a period of 1 month from the date of publication of the decision.