Protection of personal data (distinctive signs)


Responsibility: The Spanish Patent and Trademark Office, O.A. (SPTO), with registered office at Paseo de la Castellana 75, 28046 Madrid is responsible for processing the personal data. You can contact us by calling 902 157 530 or writing to protecciondedatos@oepm.es.

Data protection officer: You can contact the data protection officer by writing to protecciondedatos@oepm.es.

Purpose: The personal data you supply in the form will be processed as follows, depending on the personal data provided:

  1. Your name and surname(s), national identification number (NIF), telephone number, and postal and email addresses, and those of your representative, if you have one, will be processed to identify you and process your case, and for notification and contact purposes.
  2. Information on your name and surname(s), national identification number (NIF) and postal address, and those of your representative, if you have one, will be registered in the Trademark Registry and cannot be erased as it is of public interest. This information will be processed for publicity purposes and to report the registration status of the administrative case. This information will be published in the SPTO's CEO database. This can be consulted in person or remotely pursuant to article 30 of Law 17/2001, of 7 December, the Trademark Act, and the fifth additional provision of Law 24/2015, of 24 July, the Patent Act.
  3. Information on your name and surname(s), national identification number (NIF) and postal address, and those of your representative, if you have one, will also be published in the electronic version of the Industrial Property Official Bulletin (BOPI), which can be accessed and searched free of charge.
  4. Other personal data provided to the SPTO that is not registered in the Trademark Registry will be retained until the user asks for it to be deleted.

Legal grounds: SPTO has legal grounds for processing personal data under the following regulations:

  • Article 2 of Law 17/1975, of 2 May, the Creation of the Autonomous Industrial Property Registry Act.
  • Articles 9 and 66.1 of Law 39/2015, of 1 October, the Common Administrative Procedures of the Public Administrations Act.
  • Articles 1, 18, 20, 22, 29, 32 and 50 of Law 17/2001 of 7 December, the Trademark Act.
  • The fifth additional provision of Law 24/2015, of 24 July, the Patent Act.

Recipients: Information on names, surnames and postal addresses may be reported to international bodies responsible for industrial property, such as the World Intellectual Property Organisation (WIPO) and the European Intellectual Property Organisation (EUIPO), so that they can be included in industrial property databases. The SPTO shall therefore report such information to these international organisations.

As mentioned in the Purpose section, the data will be published in the electronic version of the Industrial Property Official Bulletin, which can be accessed and searched free of charge.

Rights: Users have the following rights under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR):

  • The right to confirmation of whether the SPTO is processing personal data concerning them and to access this personal data.
  • The right to request rectification of inaccurate data, specifying the data involved and the correction required. Documentation must be provided when necessary demonstrating the inaccuracy or incompleteness of the data being processed.
  • The right to request erasure of personal data provided to the SPTO during administration of the administrative case that has not been filed with the Trademark Registry, providing that one of the circumstances in article 17 of the GDPR applies. The SPTO will retain such data unless it receives a request to erase it. 
  • The right to request restriction of processing of personal data under some circumstances, in which case the data shall only be retained to make or respond to complaints.
  • The right to object to the processing of personal data by the SPTO in some circumstances for reasons relating to your specific situation, unless an overriding legitimate interest is demonstrated.
  • The right to lodge a complaint with the Spanish Data Protection Agency (aepd.es), particularly when they feel that their rights have not been respected or dealt with in a timely manner.

These rights may be exercised directly by the user or by a duly authorised representative through a request addressed to the SPTO, preferably by email to protecciondedatos@oepm.es.