Respondemos todas aquellas dudas referentes a los diferentes procesos implicados en la propiedad industrial.
Not finding the trademark, patent or design in the SPTO databases is no guarantee that nothing similar exists; it is always possible that the query was performed incorrectly.
Moreover, the granting of an industrial property right is contingent on the application meeting legal requirements, and therefore in no case is it possible to ensure the granting of an industrial property right a priori.
These matters are not under the authority of the Spanish Patent and Trademark Office.
The respective industrial property laws for patents, distinctive signs and industrial design establish the scope of protection that these rights grant to their holder and the legal actions the holder can undertake against anyone who violates these rights (see http://www.oepm.es/en/propiedad_industrial/Normativa/).
Given that it is the courts or the agreement between the parties that must decide these disputes, we suggest you consult an industrial property agent or an attorney specialising in this field.
BOPI is the Spanish acronym for Official Industrial Property Gazette. This gazette is published daily by the Spanish Patent and Trademark Office, and it is the means of officially communicating administrative acts (applications, notifications and resolutions) in the different categories of industrial property.
It can be said informally that the BOPI is the BOE (Spanish acronym for Official State Gazette) of patents, trademarks and official designs.