Respondemos todas aquellas dudas referentes a los diferentes procesos implicados en la propiedad industrial.
Yes. Industrial property rights can be passed on, given in guarantee or be the subject of real rights, regardless of whether ownership of the company has been wholly or partially transferred. For such actions with third parties to take effect in good faith, they must be registered with the SPTO.
The main encumbrances include:
- licences: the holder of the right allows its use or exploitation by others but retains “ownership”.
- transfers: the holder of the right transfers ownership to third parties.
- chattel mortgages: the holder of the right grants it in guarantee of a payment.
- usufruct: the holder grants the right of use to a third party, which can involve the exploitation or use of the property, or the income obtained from the licence fees paid to third parties.
Yes. Applications submitted at offices in the Autonomous Regions can be written in the co-official languages of the region, but they must be accompanied by a Spanish translation, which will be considered binding in the event of any conflict in interpretation of the two texts.
However, applications submitted directly to the SPTO head office must be written in Spanish.
Changes of address must be reported using form 4005-bis and sent to the Spanish Patent and Trademark Office, Paseo de la Castellana, 75. 28071 Madrid.
It is ABSOLUTELY NECESSARY to indicate the category (brand, business name, patent, design...) and the case file number.
The Spanish Patent and Trademark Office does not enter personal data on the INTERNET. It does, in accordance with the provisions of articles 18.3 and 30.3 of Law 17/2001 on Trademarks, publish the application with the legally required information in the BOPI, and it provides information about the data based on the status of case files that refer to registration of trademarks. Both the BOPI and the trademark register can be consulted free of charge at our website www.oepm.es, but the data is neither passed on nor transferred to third parties.
If you find your data in a search engine, we suggest that you contact the party responsible for same.
Regarding the disappearance your address data in our database, this will be possible if you notify us of a change of address and provide us with a postal address for notification purposes.
But the notice in the BOPI, in which your data appears, is unavoidable and cannot be changed, as this would be similar to changing an already published BOE.