DISTINCTIVE SIGNS

1.-NATIONAL

SCOPE : Spain
LANGUAGE : Spanish

APPLICATION : Spanish Patent and Trademark Office (OEPM). Madrid


1-A) Definitions

Trademark: A trademark is any sign liable to be graphically represented, so as to distinguish in the market the products or services of one company from others.

Trade Name: A trade name is any sign or name which identifies a company in trade business, and which serves to distinguish it from the rest of companies developing identical or similar activities.


1-B) What is a Trademark or a Trade Name :

1. Words or combinations of words, including those which identify people.
2. Images, shapes, symbols and drawings.
3. Letters, figures and their combinations.
4. Tri-dimensional shapes, among which wrappings, packages and the shape of the product or their presentation.
5. Sounds
6. Any combination of signs which, with are mentioned in the above paragraphs with a specific purpose.

1-C) Types of Trademark or Trade Name :

• DENOMINATION: arbitrary of fantasy names. Corporate names, pseudonyms and forenames. Figures, letters, etc.
• GRAPHIC: graphic symbols, logos, drawings, etc.
• COMBINED: the combination of names and graphic elements.
• THREE-DIMENSIONAL: packages and covers, the shape of the product, etc.
• SOUNDS: As far as the sounds on which the trademark or trade name can be represented graphically.

The term of the protection conferred by the Distinctive Signs is ten years from the date when the application was submitted, and can be renewed indefinitely. In order to maintain the Distinctive Signs in force, some fees must be paid (transitory trademarks have their special conditions, which must be checked).

Terms : 10 years which can be subsequently renewed..


1-D) Requirements for filing a Trademark or a Trade Name.

• DATA OF THE APPLICANT ( Natural or juridical person )
• ADDRESS
• VAT No.
• NAME TO BE FILED
• SCOPE OF APPLICATION
• DRAWINGS, LOGOS OR DESIGNS TO BE FILED

1-E) Procedure :

1. SEARCH REPORT (non-binding research for the Official organism).
2. SUBMITTING THE APPLICATION
3. FORMAL EXAMINATION (1 month to amend formal mistakes)
4. PUBLICATION OF THE APPLICATION
5. SUBMITTING OPPOSITIONS (2 months from its publication in the BOPI (Official Bulletin of Industrial Property).
6. IN-DEPTH EXAMINATION
7. APPROVAL, SUSPENSION, OPPOSITION OR DENEGATION (1 month to reply to the incidence)
8. PUBLICATION OF THE RESOLUTION