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

Anyone wishing to oppose the granting of a trademark has two months from the date the application is published in the BOPI to submit their opposition in writing. To do this they must submit the official OPPOSITION TO APPLICATION FOR TRADEMARK OR TRADENAME form (4104) and pay the corresponding fee. The Forms and corresponding fees can be accessed.

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.

Unless the change is requested immediately, the application for a trademark or trade name can only be changed at the applicant's request in order to correct the applicant's name and address, errors of expression or transcription, or obvious errors, provided that such changes do not substantially affect the trademark or expand or change the list of products or services.

Yes. Once the trademark or trade name has passed the form examination, it will be published giving third parties two months in which to oppose it if they believe the new application infringes previous rights. Likewise, once they are granted or refused, they will be published in the industrial Property Official Bulletin (BOPI).