Trademarks

Our Trademark Department is involved in the filing and prosecution of Spanish trademarks before the Spanish Patent and Trademark Office as well as International registrations before WIPO and Community Trademarks before EUIPO.

However, before filing a trademark application, it is highly recommended to carry out a full availability search in order to determine whether or not the name  is available for registration.

Moreover, we file trademark assignments before the competent Offices, prepare and record license contracts, file applications for renewals.  We also provide assessments regarding  the economic value of a trademark as well as offer a free watch service to our clients.

In addition to the above services strictly related to trademarks, we are specialised in domain names, giving appropriate services related to their protection before the competent Offices and Courts.

 


Patents

If an invention needs to be protected in Spain, it will be necessary to file the corresponding application before the Spanish Patent and Trademark Office. A successful application will grant an exclusive right in Spain for this invention.

In Spain, there are two different ways to protect an invention, depending on the type of invention. An invention can be protected as a patent or as a utility model.

The main practical difference between these two different ways of protection is in the fact that a patent gives an exclusive right for 20 years, while a utility model only gives an exclusive right for 10 years.

 


Designs

If the shape of a model or a design has to be protected, it will be necessary to seek the appropriate protection by filing an application before the Spanish Patent and Trademark Office. With a successful application, an exclusive right in the design will be granted.

Designs or models enjoy protection for a 5 year period and can be renewed for further 5 year periods for a maximum of a total of 25 years.

 


Legal assistance

Our legal staff, a team of experienced lawyers with a longstanding experience in IP law, is specialised in defending IP rights before the competent Courts.

In the event that third parties illegitimately use trademarks or inventions protected by patents, appropriate legal actions can be taken in order to defend the owner's IP rights.

However, before taking action, if there is no urgent danger, it is advisable to send a previous cease and desist letter to the infringing party.


 
 
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