Do you need to register a trademark in Spain but are unsure about how to do so? At Leialta we offer a brand registration service through which we can help you correctly register the trademark that differentiates your product or services from others, and that helps your potential clients link that brand to your company.
Upon registering a trademark, you gain exclusive rights to use the chosen brand registration name and logo for all products or services that have been listed in the registration and will be valid on a national level for a period of 10 years.
What are the most common mistakes made and the consequences of not registering a trademark properly or brand registration?
The most common mistakes made when registering a brand or patent are: choosing an incorrect Nice Classification for the goods or services, not renewing rights over the brand after ten years, using one brand design at the time of registration and not changing the registered design when the logo changes, registering an illegal name or one that is already in use, therefore invalidating the registration, not renewing the brand or trade name within the legal time frame allowed or neglecting to register a brand in the first place.
If any of the above errors occur then no exclusive rights over the brand registration or trade name exist and they remain unprotected by law, leaving them open to be registered by someone else who can then request payment from you for use and enjoyment of the same.
Trademark registration to identify and protect your products or services.
At LEIALTA we help you register your trademark correctly.
Your brand will be protected and will enjoy exclusivity for 10 years.
Registering your trademark will allow you to increase the value of your company as well as offering the possibility of licensing or franchising your brand.
We have an expert team with full knowledge of the requirements and processes of trademark registration.
Ensuring correct trademark and patent registration with Leialta
In order to ensure that the process is carried out correctly and that your brand is protected and enjoys exclusivity, Leialta offers a team of experts in trademark registration. We know what steps need to be taken and when, as well as how to solve any issue that may arise.
What makes us stand out as experts in registering trademarks?
We begin by carrying out research into the trademark or trade name that is being applied for, making sure that no legal limits exist over its use and that it is not already in use in the territory where the brand wishes to register. Furthermore, we choose the Nice Classification groups most suitable for the product or service that you wish to protect.
The main advantage that Leialta offers is our experience in this field. Our team is familiar with all of the documentation required for registering a brand or a trade name with the Spanish Patent and Trademark Office - SPTO - (OEPM by its Spanish acronym). Leialta experts explain the requirements that each trademark or trade name must meet in order to be registered and how the application must be made in order to be considered and approved by the SPTO.
Advantages in registering a trademark
The main advantage, as mentioned earlier, is that you will enjoy legal protection for your registered brand or trade name over a ten-year period in the national territory where it has been registered.
You are allowed to pass the rights over your trademark to third parties by means of licensing contracts and you can prevent unfair competition attempts that may be made by others. By registering your trademark, you can legitimately sue others for using it on their products.
Furthermore, registering your brand or trade name will increase the value of your company because brands can be tax assessed and thus increase the equity of your company.
Finally, it is also possible to license or franchise your brand.
How we work to register your trademark with the SPTO
- We identify the type of trademark or trade name that you wish to register in order to ensure that it meets with all the requirements.
- If you wish to register a brand, we identify what classification or classifications your products or services belong to.
- We collect all of the necessary documentation to file an application and we proceed to register the brand or trade name with the SPTO.
- Once the forms have been filed, the application is reviewed and if all requirements have been met then the Spanish Patents and Trademark Office will proceed to register the trademark and announce it in the Official Industrial Property Gazette (BOPI), confirming that no oppositions exist and the brand registration does not break any rules.