Why the name comes before the logo

Check the name before anyone draws anything. The OEPM, Spain's patent and trademark office, says the exclusive right to use a mark comes from registering it, and that the owner can stop others using an identical or similar sign for similar goods or services. It also says you cannot register signs identical or similar to marks already registered for identical or similar goods or services.

The OEPM adds that the law also protects a mark that is well known in Spain even if it is not registered. That is why searching the registers is the first step, but not the only one.

Picture a winery in the Empordà with labels, a website and printed boxes ready when it finds out another company has registered the same name for wine. A search before the design work would have flagged it in time. The example is made up, but the same applies to a shop, a clinic or a property development.

Where to search for existing trade marks

Start on the OEPM website, which groups its tools on one trademark and trade name search page. The trademark locator is free, and you only need to type the name you want to use to see whether it is already registered.

  • The OEPM locator, which searches marks with effect in Spain.
  • TMview, linked from the OEPM, which searches trademarks held by other offices worldwide.
  • CLINMAR and TMclass, to find which class your goods or services fall into.
  • The OEPM file lookup, to follow a specific application.

If the company name is free at the Mercantile Registry, can I use it as a brand?

They are two separate registers. The Central Mercantile Registry issues names for incorporating companies, while trademarks are registered at the OEPM, which is where the exclusive right to use a mark comes from. To find out whether identical or similar trademarks exist, you still need to search the OEPM locator and TMview.

Search in the classes you will trade in

Trademarks are registered for specific goods and services, grouped into 45 classes. The OEPM rules out identical or similar signs for identical or similar goods or services. If the earlier mark has a reputation, the bar also reaches different goods or activities when the new mark could take unfair advantage of it or harm it.

WIPO publishes the Nice Classification, and since 2013 a new version has come out every year. If you are unsure of your class, the OEPM has a table matching Spanish CNAE business activities to classes. One application can cover as many classes as you like, with a fee for each class.

How long does a trademark registration last in Spain?

Ten years from the filing date, renewable for successive ten-year periods. The OEPM sends a reminder well before it expires. According to the OEPM, keeping a mark takes two things, using it in trade and renewing it every ten years. Put the renewal date in the company calendar from day one.

Choosing a name for a new brand or product? Leave your details and we can talk it through before the design starts.

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Searching the exact name is not enough

An exact-match search misses the cases that cause the most trouble. The OEPM talks about identical or similar signs, and the paid search it offers covers both identical and similar marks. So it is worth running variants like these through the locator too.

  • The name with one letter changed or spelled differently.
  • Singular and plural forms.
  • Spanish and Catalan translations, if you sell to local customers.
  • The name without generic words such as «Girona» or «studio».

Can I register a word that describes what I sell?

The OEPM lists generic names and signs that describe the goods or services, or are commonly used for them, among the absolute grounds for refusal. It also points out that a mark must distinguish one company's goods or services from those of its competitors. If you are unsure about your case, check with an industrial property agent before any design work.

A company name is not a trade mark

When you set up a Spanish SL, the company name is issued by the Central Mercantile Registry, the body in charge of names for incorporating companies. A trademark, on the other hand, is registered at the OEPM, and that registration is what gives the exclusive right to use it.

An SL can carry the founders' names and trade under a different brand. If customers will see another name, that is the one to search at the OEPM. Also search Google for the name in quotes and check whether the domain and social handles are free. None of these is a trademark register, but they warn you if someone already uses the name.

How do I register a trademark outside Spain?

The OEPM describes three routes. You can file in each country separately. An EU trademark is filed with the EUIPO in Alicante in a single application and has the same effect across the whole EU. An international mark is filed through the OEPM, which passes it to WIPO, and can cover more than 100 countries, though each country can grant or refuse it.

What happens once you pick the name

With two or three names that pass the search, the visual identity work can start. If you file the mark, the OEPM publishes the application in its official bulletin, the BOPI. For the next two months, anyone with standing under Article 19 of the Spanish Trademark Act can oppose it. With or without oppositions, the OEPM then examines the grounds for refusal in Articles 5.1 and 9.1.b of the Act and grants or refuses the mark.

A granted mark lasts ten years from filing and can be renewed for further ten-year periods. To keep it you have to use it in trade and renew it. If the search leaves doubts, a Spanish industrial property agent (agente de la propiedad industrial) can do a full analysis. This guide shows where to look, but it does not replace that advice.

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