Registering a trademark: frequently asked questions and available grants

Registering your trademark is a formality that will give you legal certainty. Once completed, it will grant you the right to use your trademark in the country or countries in which you have registered it.

We explain the key points for understanding the whole process.

Trademark, trade name, and corporate name: what are the differences?

According to the OEPM (Spanish Patent and Trademark Office), the term “trademark” refers to the distinctive sign that identifies your product or service in the market. This may consist of one or more words, or even an image. In other words, the trademark is the way in which customers recognize your products or services and distinguish them from those of your competitors.

The trade name, for its part, which is what many small businesses register together with their logo, is the name that the company adopts in the course of trade and on which it builds its identity.

By contrast, the corporate name (denominación social), also known as the business name (razón social), is the formal name that a company or business adopts in its bylaws for its legal and administrative affairs.

Requirements for registering a trademark or trade name in Spain

The first requirement is that the trademark be unique and not already registered. You can check whether a trademark is available in the database of the Spanish Patent and Trademark Office (OEPM), on its website.

In addition, the trademark you wish to register must be clearly distinguishable and must not cause confusion with other existing trademarks in the same sector. In this regard, both the name and the graphic elements must be taken into account.

It is also important to be clear about the registration classification, since it determines how much it costs to register the trademark.

A trademark can be registered in Spain either in person or online.

Once you file the application, the OEPM will review all the documentation. If there are no errors, the trademark will be registered within 8 to 14 months. If oppositions are filed or there is any kind of defect in the documentation, the process could take up to 20 months.

Does a trademark registration have to be renewed?

The registration is valid for 10 years. After that period, you will have to renew it by paying the corresponding fee. It is advisable to renew online, because it is faster and because doing so in person entails an additional cost of between €17 and €24.

How much does it cost to register a trademark?

The cost of registering a trademark in Spain varies depending on the type (individual or collective) and on the number of services for which protection is sought.

Overall, these are the fees for registering a trademark in Spain in 2024:

• First trademark: €150.45.

• Second and subsequent trademarks: €97.48.

If you complete the process electronically, you will receive a 15% discount at the time of payment, so the fees will be €127.88 and €82.84, respectively.

What kinds of grants can be applied for?

The European Union Intellectual Property Office (EUIPO), the European Commission, and the national IP offices of the EU are launching new European grants, with a fund of €20 million, for SMEs and self-employed workers.

The grants may be requested for industrial property activities.

• 75% grant on fees for Trademarks and Designs at national and EU level, and 50% for International trademarks under the Madrid System, up to a maximum of €1,000.

• 75% grant on fees for Patents at national and European level, up to a maximum of €1,500.

• 50% grant on Legal Costs (drafting fees) for European Patents filed by European Patent Attorneys, up to a maximum of €2,000.

• 75% grant for Community Plant Variety protection at EU level, up to a maximum of €1,500.

You can apply for these grants for the management of your IP relating to EU and International Trademarks, Designs, Patents, and Plant Varieties if…

• You are an SME or self-employed worker established in one of the EU Member States or Ukraine.

• You carry out an economic activity, regardless of your legal form.

• You are not a beneficiary of other funding under any other EU scheme for the same activities.

Application period: from January 22, 2024, to December 6, 2024.