What is a Trade Mark?

A Trade Mark is any sign susceptible to graphic representation which is capable of distinguishing goods or services of one undertaking from those of other undertakings. Registration of a Trade Mark in Spain grants the exclusive right throughout the whole national territory. The Spanish Trademark shall be registered for a period of 10 years from the date of filing of the application. Registration may be renewed for further periods of 10 years.


What can a Trade Mark consist of?

  • Words, or combinations of words
  • Images, shapes, symbols and drawings
  • Letters, numerals, and combinations of both
  • Three-dimensional shapes
  • Sounds
  • Other combinations of signs.


What can’t I register?

  • Signs that do not fit with the definition of the trade mark
  • Those devoid of distinctive character
  • Those consisting exclusively of signs or indications which have become customary to designate goods
  • Those which are made up exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity,intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services
  • Those which are against the law, public order or public decency
  • Those which may mislead the public
  • Those which reproduce or imitate the armorial bearings, flag, insignias and other emblems of Spain, its Autonomous municipalities, provinces or other local entities, unless due authorisation is provided
  • Those applied to identify wines or spirits containing or consisting of a geographical indication identification when these do not have this indication