Ministerio de Industria, Turismo y Comercio LogoMinisterior

Frequently Asked Questions

 

Respondemos todas aquellas dudas referentes a los diferentes procesos implicados en la propiedad industrial.

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All
Industrial Property
Trademarks and Trade Names
Collective and Certification Marks
Proof of use
International trademarks
Transformations
National patent and utility model
Supplementary protection certificate
European patent and validation
International PCT application
Reinstatement of rights
Transfers and licensing
Fees
Patent management and valuation
Representation
Industrial Property Agents (IPA)
European Qualifying Examination (EQE)
Representation and Brexit
Classifications
Invalidity and revocation of trademarks and trade names
Geographical indications

It is important to note that a distinctive sign is unique and should not be translated. For example, El Corte Inglés or Eroski should always stay as they are.

Applications for trademarks refer to the trademark in the exact manner in which it will be used. Therefore, the decision to apply for a trademark in one or more languages must be taken by the applicant, while considering that each name will constitute a separate trademark in its own right.

The registration must be transferred, either by means of a public document or through a contract between the interested parties. The Tax Agency should be consulted regarding the payment of applicable taxes.

A request to register the transfer should then be sent to the SPTO on the form “request for the registration of the transfer of distinctive signs”. Together with this form, the applicant needs to send one of the following documents (as chosen by the interested parties): 

- Copy of the public document formalising the transfer.

- Official “document transfer” form, duly completed and signed by both parties.

- Official “certificate of transfer” form, duly completed and signed by both parties.

The official forms are available in Forms

The application to register a transfer is subject to payment of a fee which is set annually (see publication of annual fees).

Yes. The rights to an application or a trademark or trade name are transferable through all legally recognised means. In order for them to take effect for a third party, transfer actions must be registered with the SPTO.

Yes. The applicant can be an individual or a company, or several people can be holders.