If you want to distinguish your goods, services or both from those of another company, you may need a trademark or trade name. Find out what they are, what their registration procedure is and what it involves.
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If you have a new device, product or procedure that solves a technical problem or has a practical advantage, there are different ways to protect it in Spain and other countries. Find out how.
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Patents published worldwide are a valuable source of scientific, technical and commercial information.
reembolso del 75% del coste de Búsquedas e Informes Tecnológicos de Patentes. Más información*
If you are an entrepreneur or a company and you want to boost and improve the profitability of your business by adequately protecting the intangible assets of your organisation, in this space you will find what you need.
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).
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.
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.
Yes, the trademark can be used in a different form from how it is registered, provided that it differs in features that do not significantly alter the distinctive character of its registered form.
BOPI
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