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.
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.
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.
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.