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

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

There is a two month period in which opposition to an application to register a trademark can be submitted, counting from the date said application is published in the BOPI.

If the opposition is submitted directly to the SPTO, it will take approximately one week to record it, and if it is submitted to other competent bodies outside the SPTO within the submission period, according to the date on which it is received, they must receive it and log it which means it can sometimes take a few more days for it to appear in the database.

Yes, the trademark can be used in a different form from how it is registered, provided that it differs in features that do not significantly alter the distinctive character of its registered form.

A registered trademark or trade name cannot be modified (art. 33 of the Trademark Act 17/2001). However, in accordance with said article, if the trademark includes the name and address of the holder, any changes to these that do not substantially affect the identity of the trademark as originally registered can be registered at the request of the holder.

If the holder wishes to modify the distinctive sign, for example because the company changes its logo, or extend the list of products and/or services, they must apply for a new registration.

There is no need to give up the previous registered mark, bearing in mind that this remains valid at least until its renewal date, unless the applicant expressly chooses to give it up.