The short answer
A Spanish trademark is registered for 10 years counted from the filing date and renewed for successive 10-year periods. File the renewal and pay the fee in the 6 months before expiry, or in the 6 months after expiry with a surcharge of 25% in the first 3 months and 50% in the next 3. After publication, owners of earlier rights can oppose within the period set in the Regulations. A mark that has not been genuinely used in Spain for 5 years from registration faces limits and sanctions.
Trademark deadlines in Spain at a glance
These rules come from Law 17/2001 on Trade Marks, in the current consolidated text published by the Spanish State Official Gazette (BOE), translated here from Spanish. The authority is the Spanish Patent and Trademark Office (OEPM). The opposition period is set in the Regulations (Royal Decree 687/2002), so we confirm it before we file or oppose.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable for successive periods of 10 years (Article 31). |
| Which date does the term count from? | The filing date. The registration is granted for ten years counted from the date of filing of the application (Article 31). |
| When can I renew? | File the renewal application and pay the fee in the 6 months before the registration expires. The fee depends on the number of classes (Article 32(2) and (3)). |
| Is there a grace period? | Yes. It can still be done validly within 6 months after expiry, with a surcharge of 25% of the fee if paid in the first 3 months and 50% if paid in the next 3 (Article 32(3)). If the fee is not fully paid, renewal is granted only for the classes fully paid, in the order of the application (Article 32(4)). |
| Opposition period | After the application is published, owners of earlier marks and others listed in Article 19 can oppose in writing with reasons and documents, within the period set by the Regulations, and only if the fee is paid within that period (Article 19). We confirm the current period before filing or opposing. |
| Priority claim | Applicants who filed in a Paris Convention or WTO state have the priority right in Article 4 of the Paris Convention, normally 6 months from the first filing (Article 14). |
| Non-use | If within 5 years from the date of registration the mark has not been genuinely used in Spain for the registered goods or services, or use was suspended for an uninterrupted 5 years, the mark is subject to the limits and sanctions in the Law, unless there are reasons that justify the non-use. The 5 years start on the day the registration becomes final, and the date is recorded in the register (Article 39). |
| Assignment | Transfer of the whole business includes the mark unless otherwise agreed (Article 47). Record the transfer in the register so it shows the new owner. Ask us for the current procedure and fee. |
Who can register a trademark in Spain
Individuals and companies from any country can apply to the OEPM. After the formal and substantive checks, the application is published, owners of earlier rights can oppose, and the OEPM then decides.
Representation. Foreign applicants normally act through a Spanish industrial property agent. We confirm the current representation and address requirements before filing.
Trademark registration process in Spain
Search
- Search the Spanish Patent and Trademark Office (OEPM) records for identical or similar marks in your classes.
File the application
- File with the Spanish Patent and Trademark Office (OEPM), through your Spanish agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication, owners of earlier rights can oppose within the period set in the Regulations, and the fee must be paid in that period (Article 19).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the Spanish Patent and Trademark Office (OEPM) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Spain trademark validity and renewal
- The term is 10 years from the filing date.
- File the renewal and pay the fee in the 6 months before expiry.
- In the 6 months after expiry, pay a surcharge of 25% (first 3 months) or 50% (next 3 months).
- Renewal can cover only the classes you pay for.
Diarise the expiry date from the filing date. If the surcharge period starts, the fee rises, so renew early.
Assignment, licence and changes to a Spanish trademark
Assignment
Transfer of a mark
A transfer of the whole business carries the mark unless otherwise agreed (Article 47). Record it so the register shows the new owner.
Licence
Licensing
The Law has rules for licences. Ask us for the current recordal approach (Article 48).
Partial renewal
Fewer classes
Renewal is granted for the classes fully paid (Article 32(4)).
Name or address
Change of the owner's details
Record the change so notices reach the right address.
Non-use and cancellation of a Spanish trademark
Under Article 39, a mark that has not been put to genuine use in Spain within 5 years from the date the registration became final, or whose use has been suspended for an uninterrupted 5 years, is subject to the limits and sanctions in the Law, such as revocation, unless there are justifying reasons. Use in a slightly different form also counts as use.
Keep dated proof of use in Spain: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Spain
Search the OEPM trademark database and the official industrial property bulletin. The opposition period runs from the publication of the application.
Sources used
- Law 17/2001 of 7 December on Trade Marks, consolidated text of the Spanish State Official Gazette (BOE-A-2001-23093), translated from Spanish: Articles 13, 14, 19, 31, 32, 39 and 47.
- Spanish Patent and Trademark Office (OEPM) for the register, forms, fees and the Regulations (Royal Decree 687/2002).
Spain trademark FAQ
How long does a trademark last in Spain, and from when?
10 years, renewable for successive periods of 10 years (Article 31). It counts from the date of filing of the application (Article 31).
When should I renew a Spanish trademark, and is there a grace period?
File the renewal application and pay the fee in the 6 months before the registration expires. The fee depends on the number of classes (Article 32(2) and (3)).
What is the opposition period in Spain?
After the application is published, owners of earlier marks and others listed in Article 19 can oppose in writing with reasons and documents, within the period set by the Regulations, and only if the fee is paid within that period (Article 19). We confirm the current period before filing or opposing.
How much does it cost to register a trademark in Spain?
The official fee is set by the Spanish Patent and Trademark Office (OEPM) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Spain?
Yes. A foreign applicant can file in Spain and normally uses a Spanish industrial property agent. We confirm the current requirements before filing.
Can I assign a Spanish trademark?
Transfer of the whole business includes the mark unless otherwise agreed (Article 47). Record the transfer in the register so it shows the new owner. Ask us for the current procedure and fee.
Can a Spanish trademark be cancelled for non-use?
If within 5 years from the date of registration the mark has not been genuinely used in Spain for the registered goods or services, or use was suspended for an uninterrupted 5 years, the mark is subject to the limits and sanctions in the Law, unless there are reasons that justify the non-use. The 5 years start on the day the registration becomes final, and the date is recorded in the register (Article 39).
How can I check the status of a Spanish trademark?
Use the Spanish Patent and Trademark Office (OEPM) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Applicants who filed in a Paris Convention or WTO state have the priority right in Article 4 of the Paris Convention, normally 6 months from the first filing (Article 14).
How do I change the owner's name or address?
Record the change with the Spanish Patent and Trademark Office (OEPM) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Spain
SUPREMEiP® files trademarks worldwide through its network and checks every Spanish deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
