How does trademark and patent registration work?

The registration of trademarks and patents registration is carried out on the website of the Spanish Patent and Trademark Office. (SPTO).

After completing the trademark application, a preliminary report to find out what the trademark/product or patent is about and to explain all the aspects that make it up in order to verify that what is being presented is unique in the world.

Once this has been done, the necessary models and documentation must be submitted in order to argue the intellectual property of the discovery and to be able to process the application. If you are interested in registering a patent, contact us and we will advise you without obligation.

In this video the SPTO shows us his procedure:

Before we start, let's be clear about what a trademark and a patent are:

What is a brand?

A trademark is a sign that makes its graphic representation possible and can distinguish goods and services in the marketplace. A mark can be a word, a figure or even a sound that has a graphic representation.

How do you know if your brand is already occupied?

Before starting the registration process, we must check in the trademark locator provided by the SPTO whether our trademark is already registered. A trade mark allows us to give it identity and meaning. There are many types of trademarks before this check is carried out at different levels, as a trademark may not be registered at the national level, but at the international level.

This can be a problem, because if we start filling in the paperwork and going through the formalities, and then realise that the trademark is already registered, it will be a waste of time and money.

How long does it take to register a trademark?

As for the time it takes to register a trademark, the Trademark Act provides that the Spanish Patent and Trademark Office has a maximum period of 20 months to decide on an application.. But it is normal for these deadlines to be shortened. If the application has been made correctly, the deadlines range from 8 to 15 months.

In the case of the patent, the deadlines are lengthening. They vary somewhat depending on the procedure followed. A period of 18 months elapses between the filing of the application and its publication, in total, the process takes 21 months on average..


What is a patent?

A patent can be defined as a right granted by the State to the inventor of an innovative product.This right prevents any other company from exploiting this product idea for a limited period of time.

How to register a trademark or a patent?

There are two ways to register a trademark or patent:

  • The telematic routeThe procedure consists in doing it through the website of the Spanish Patent and Trademark Office, if we do it through this procedure we will save 15% of the fees.
  • The face-to-face route. It consists of visiting the physical headquarters of the SPTO, the Regional Industrial Property Information Centres of each Autonomous Community or a post office.

In both cases, we will be required to submit a report explaining the nature of the trademark or patent. This document must detail all the characteristics of our trademark or patent, so that it can be differentiated from other products.

Any natural or legal person with Spanish nationality can apply for a visa.. The registration of trademarks and patents allows us to certify that our trademark or patent is unique in the market.






Recent publications

List of files