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Country trademark guide · Updated

Trademark registration in Spain

To protect a trademark in Spain, file with the Spanish Patent and Trademark Office (OEPM) or apply for an EU trademark. The OEPM examines only absolute grounds of its own motion; owners of similar earlier marks can oppose within 2 months of publication. Applicants based outside the EEA must use a Spanish industrial property agent.

Order online · Spain trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

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Five questions first

Which route?File a national application with the OEPM if you only target Spain, for low official fees; apply for an EU trademark to cover several EU countries; with a home application or registration, you can also designate Spain through Madrid.Details ↓What do I need?The applicant's name and address, the mark, goods or services listed clearly by Nice class, and a signed power of attorney; to claim priority, a copy issued by the office of first filing.Details ↓How are official fees charged?EUR 127.88 for the first class online, plus EUR 82.84 for each additional class; no registration fee (since 1 January 2022). Service fees are quoted after you submit the order.Details ↓How long does it take?A 2-month opposition period after publication (statutory); a decision within 12 months at most without suspensions or opposition (statutory). At the OEPM's current pace, registration takes about 8–12 months (estimate).Details ↓What are the main risks?Owners of similar marks and registered trade names must oppose; you have only 1 month to respond to objections; filings by distributors or agents are common, so oppose or seek invalidity promptly.Details ↓
Key facts

Trademarks in Spain: key facts

OfficeSpanish Patent and Trademark Office (Oficina Española de Patentes y Marcas, OEPM), an autonomous body attached to the Ministry of Industry and Tourism. Website and search links: IP Toolbox.
LawTrademark Act 17/2001 (as amended by Royal Decree-Law 23/2018 and other reforms); procedural rules in Royal Decree 687/2002
Territorial scopeThe whole of Spain; trade names (nombre comercial) can be registered separately, and marks and trade names count as earlier rights against each other
Madrid SystemMember (Protocol since 1 December 1995); Spain can be designated through Madrid, charges no individual fee and is covered by the standard fees
Foreign applicantsApplicants with neither a domicile nor a real business establishment in the EEA must act through a Spanish industrial property agent (Agente de la Propiedad Industrial) registered with the OEPM in all proceedings
LanguageSpanish (Castilian); in autonomous communities with another official language, that language can also be used
Examination scopeOf its own motion, the OEPM examines only absolute grounds and cases such as unauthorised use of another person's well-known name; conflicts with earlier marks and trade names must be raised by their owners through opposition
Multi-class applicationsAllowed; official fees are charged for the first class plus each additional class
Opposition period (statutory)2 months from publication in the Official Industrial Property Gazette (BOPI)
Decision time limit (statutory)At most 12 months without suspensions or opposition; at most 20 months with them, both counted from receipt of the application by the OEPM
Decision time (official statistics)The OEPM undertakes to decide applications with no opposition or objections within 7 months; in February 2026 only 0.08% met that target
Term and renewal10 years from the filing date, renewable for 10 years at a time; late renewal within 6 months after expiry with a 25% or 50% surcharge
Use requirementGenuine use in Spain within 5 years of the registration becoming final; after 5 consecutive years of non-use, third parties can seek revocation
Filing feeEUR 127.88 for the first class online, EUR 82.84 for each additional class (in force since 1 January 2022)

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

A national application or an EU trademark

Spain is an EU member state, and an EU trademark is equally valid in Spain. The two routes can be used in parallel; they differ in coverage, fees, examination and risk. If you already have a home application or registration, you can also designate Spain (for national Spanish protection) or the EU through the Madrid System; for details of EU trademarks, see EU trademark registration.

ItemSpanish national application (OEPM)EU trademark (EUIPO)
CoverageSpain onlyAll 27 EU member states, including Spain
Official feesEUR 127.88 for the first class online, EUR 82.84 for each additional classBasic fee EUR 850 including 1 class, EUR 50 for the 2nd class and EUR 150 for each class from the 3rd
LanguageSpanishAny of the 24 official languages, plus a second language
Foreign applicantsAll proceedings require a Spanish industrial property agentNot required to file; later proceedings require a professional representative in the EEA
Opposition period2 months from publication3 months from publication
Refusal riskOnly descriptiveness in Spain and conflicts with earlier rights in Spain countDescriptiveness in any official language, or an earlier right in any member state, can lead to refusal of or opposition to the whole application
Use requirementUse in Spain is requiredGenuine use within the EU is enough; use in every member state is not required
Best forYou only target Spain; the mark may be descriptive in another EU language; a limited budgetYou want to cover several EU countries with one registration to manage

An EU trademark application that is refused or withdrawn can be converted into a Spanish national application, keeping the original filing date; a registered EU trademark converted in this way is registered directly (unless grounds for invalidity or revocation are pending). Not sure? Run a free search of earlier Spanish and EU marks first, then submit an order online.

What to prepare

Documents checklist

For a direct application to the OEPM, prepare the following information and documents. Signed documents such as a power of attorney are provided following the agent's instructions.

Applicant

  • Name (for a company, its full legal name as registered, with its legal form)
  • Address and country of residence

Representation and power of attorney

  • Applicants with neither a domicile nor a real business establishment in the EEA must appoint a Spanish industrial property agent
  • The power of attorney is signed by the applicant; if your address is outside Spain, it must be filed within 2 months of notifying the OEPM of the appointment, and in online proceedings a scanned copy can be filed first

The mark

  • Word mark: the wording, registered in standard characters
  • Figurative or combined mark: a clear image, in colour if the mark is in colour
  • Elements of the representation for which you do not claim exclusive rights can be disclaimed in the application

Goods and services

  • List them by Nice class, clearly and precisely; unclear terms must be amended, and the application is refused if they are not
  • You can use terms from the EU Harmonised Database (HDB), which are accepted by the EUIPO and the national offices of the member states; see EU trademark classification table on this site
  • After filing, the list can only be reduced or limited, not extended

Priority

  • Earlier application filed abroad: priority can be claimed within 6 months
  • Within 3 months of filing, submit a copy of the earlier application issued by the office of first filing, with a Spanish translation, and pay the priority fee for each claim

Documents filed with the OEPM must be in Spanish, and responses to objections and oppositions are also written in Spanish; the agent handles them.

How long

Process and timeline

Example: an online application to the OEPM with no opposition.

  1. Step 1

    Clearance search (recommended)

    Search Spanish marks, EU trademarks, international registrations designating Spain and trade names registered in Spain

  2. Step 2

    Filing and payment

    File online and receive an application number; formal deficiencies can be remedied within 1 month (statutory)

  3. Step 3

    Publication

    Published in the BOPI once the formalities check is passed; the OEPM also informs the owners of earlier marks and trade names found in its search

  4. Step 4

    Opposition period

    Within 2 months of publication, owners of earlier marks, trade names and other rights can oppose (statutory)

  5. Step 5

    Substantive examination

    Absolute grounds are examined after the opposition period; if there is a ground for refusal or an opposition, the application is suspended and you have 1 month from publication of the suspension in the BOPI to respond (statutory)

  6. Step 6

    Registration

    Without suspensions or opposition, a decision is due within 12 months at most (statutory); at the current pace, registration takes about 8–12 months (estimate)

The OEPM's published commitment is to decide applications with no opposition or objections within 7 months, but its monitoring for February 2026 shows only 0.08% met it, partly because substantive examination is assigned about 6 months after publication (official statistics); "about 8–12 months" is an estimate based on this and the statutory maximum. With suspensions or opposition, the statutory maximum is 20 months. A refusal can be challenged with an administrative appeal (recurso de alzada) to the OEPM within 1 month of publication of the decision.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are charged by class: one amount for the first class and another for each additional class; filing and paying online costs about 15% less than paper. There is no separate registration fee. Fee amounts are adjusted through the State Budget Act; the current amounts have applied since 1 January 2022 without further change, and the OEPM's fee schedule from 1 April 2026 still uses them. The table below shows the current fees published by the OEPM.

ItemChargedAmountApprox. USD
Paid on filing
Application fee (online filing and payment, first class included)Per application127.88 EUR≈ USD 143
Application fee: each additional class (online)Each additional class82.84 EUR≈ USD 93
Payable when applicable
Priority claim (per priority claimed, online)Per item17.55 EUR≈ USD 20
Division (per divisional application, online)Per application48.61 EUR≈ USD 55
Administrative appeal (recurso de alzada, within 1 month of publication of the decision, online)Per application76.39 EUR≈ USD 86
Keeping the registration
Renewal (every 10 years, first class included, online)Per application148.06 EUR≈ USD 166
Renewal: each additional class (online)Each additional class99.39 EUR≈ USD 111
Renewal within 3 months after expiry (25% surcharge included; replaces the renewal fee above; first class included, online)Per application185.07 EUR≈ USD 208
Renewal within 3 months after expiry: each additional class (25% surcharge included, online)Each additional class124.25 EUR≈ USD 139
Renewal in months 4–6 after expiry (50% surcharge included; replaces the renewal fee above; first class included, online)Per application222.09 EUR≈ USD 249
Renewal in months 4–6 after expiry: each additional class (50% surcharge included, online)Each additional class149.10 EUR≈ USD 167
Other
Recording a transfer, licence or other right (per registration, online; capped at EUR 6,229.79 per request)Per application29.86 EUR≈ USD 33
Recording a change of the holder's name (per registration, online; address changes are free)Per application14.20 EUR≈ USD 16

Source: Oficina Española de Patentes y Marcas (OEPM), Tasas y precios públicos · current fees in force since 2022-01-01 · checked on 2026-10-07 · USD figures are approximate, converted at the Bank of China spot selling rate (or, for currencies it does not quote, at the central bank's published USD rate); the official fee is the amount in the original currency

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: an online application covering 3 classes costs EUR 127.88 + 2 × EUR 82.84 = EUR 293.56 in official fees, paid on filing.

For comparison, an EU trademark for the same 3 classes costs EUR 1,050 in basic fees and covers all member states.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Spain and common refusals

In 2025 the OEPM received 57,158 national trademark applications; of the applications concluded, about 89% were registered and 9% refused. These are the common issues in Spanish examination, along with Spanish-specific rules that are easy to overlook.

Earlier marks are handled by opposition, not refusal by the examiner

The OEPM searches earlier marks and trade names but does not refuse on that basis; it only notifies their owners on publication. If an owner opposes within 2 months, the application is suspended and you respond. If the opposing mark had been registered for at least 5 years at your filing date, you can, in a separate document with your response, require proof of its genuine use in Spain during the last 5 years; without that proof, the opposition is rejected.

Registered trade names can block a mark

In Spain a trade name (nombre comercial) can be registered on its own, and a registered trade name can support an opposition or invalidity action just like a mark. Unregistered trade names and company names used throughout Spain or well known there can also block registration. Search trade names as well before filing.

Only 1 month to respond

Suspension notices for objections or oppositions must be answered within 1 month of their publication in the BOPI; otherwise the OEPM decides on the existing file. The time limit for appealing a refusal is also 1 month. Foreign applicants receive notices through their agent, which makes timing tighter, so settle your response quickly once notified.

A Spanish agent is mandatory

Applicants with neither a domicile nor a real business establishment in the EEA must act through a Spanish industrial property agent in all OEPM proceedings. If the power of attorney is not filed within 2 months and the applicant does not confirm the agent's actions, those actions (other than filing the application) are treated as not taken.

Filings by distributors and agents

If an agent or representative registers your mark in its own name without consent, you can oppose during the publication period, ask the OEPM to declare the registration invalid, or ask the courts within 5 years of publication of the registration to transfer the mark to you. Invalidity actions against bad-faith filings have no time limit. Since 14 January 2023, invalidity and revocation can be requested directly from the OEPM without going to court first.

Descriptive or non-distinctive marks (Article 5)

Marks that directly describe the goods or services in Spanish, or common promotional phrases, are refused on absolute grounds. Foreign words are also judged by their meaning in Spain; a distinctive figurative element reduces this risk.

Free search: can your mark be registered in Spain?

Each account gets 1 free preliminary search a day: sign in, enter the mark and goods, and the report goes to your account and email.

Free search
After registration

Keeping the registration

A Spanish registration needs no periodic declarations of use, but a mark that is not used can be revoked, and a registration not renewed within the grace period lapses.

WhenWhat to doOfficial fee
From 5 years after the registration becomes finalKeep using the mark genuinely in Spain and keep dated evidence of use; after 5 years of non-use, third parties can request revocation from the OEPM—
Within 6 months before expiry, then every 10 yearsRenew, for all classes or only someOnline: EUR 148.06 for the first class, EUR 99.39 for each additional class
Within 3 months after expiryLate renewal with a 25% surchargeOnline: EUR 185.07 for the first class, EUR 124.25 for each additional class
In the 4th to 6th month after expiryLate renewal with a 50% surchargeOnline: EUR 222.09 for the first class, EUR 149.10 for each additional class
Any timeRecord assignments and licences; changes of name; changes of addressAssignment or licence EUR 29.86 per registration; change of name EUR 14.20; change of address free

Once registered, you can file a national application with Spanish customs under Regulation (EU) No 608/2013, asking them to detain suspected infringing goods at import or export. E-commerce brand registries usually also require a registered or pending trademark.

FAQ

Trademark registration in Spain

How much does a Spanish trademark cost?

The official online fee is EUR 127.88 for the first class plus EUR 82.84 for each additional class, with no separate registration fee; these amounts have applied since 1 January 2022. For 3 classes, for example, it is EUR 293.56. Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does Spanish trademark registration take?

There is a 2-month opposition period after publication. By law, applications without suspensions or opposition should be decided within 12 months, and others within 20 months at most. The OEPM's commitment is 7 months, but its monitoring for February 2026 shows almost no applications met it, as substantive examination is assigned about 6 months after publication; registration takes about 8–12 months (estimate).

I already have an EU trademark. Do I also need a Spanish trademark?

Generally not. An EU trademark is directly valid in Spain and can be enforced and relied on in oppositions there. A separate Spanish application makes more sense only if the EU trademark was partly refused, the mark is descriptive in another EU language, or you only target Spain. A refused EU trademark application can be converted into a Spanish application keeping the original filing date; see EU trademark registration.

Do foreign applicants need a Spanish agent?

Yes, if they have neither a domicile nor a real business establishment in the EEA: all OEPM proceedings must then be handled by a Spanish industrial property agent. The power of attorney is signed by the applicant and filed within 2 months of the appointment; in online proceedings a scanned copy can be filed first.

A distributor has registered my mark in Spain. What can I do?

If the application is still in its publication period, oppose it; if it is already registered, ask the OEPM to declare it invalid (possible directly before the OEPM since 14 January 2023), or ask the courts within 5 years of publication of the registration to transfer the mark to you. Gather the cooperation agreement, correspondence and evidence of your earlier use or registration.

Is a Spanish trademark valid in Latin America?

No. Trademark protection is territorial: a Spanish trademark is valid only in Spain, and an EU trademark only covers the EU member states. To enter Mexico or other Latin American countries, file locally or designate them through Madrid; see Trademark registration in Mexico and Trademark registration in Cuba.

Other IP rights

Patents: Spanish patents for inventions are examined by the OEPM and last 20 years from the filing date; utility models last 10 years. PCT applications can enter the Spanish national phase (with a Spanish translation), and a European patent granted by the European Patent Office can be validated in Spain by filing a Spanish translation.

Designs: Spanish registered designs are protected for 5 years from the filing date, renewable up to a maximum of 25 years; registered EU designs also cover Spain.

Patent applications are handled through an affiliated patent agency.

IP news: Spain

Other countries and territories in the region

European Union Intellectual Property Office　·　France　·　Italy

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Order online · Spain trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

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Notice: the services described on this page are carried out by locally licensed partner firms; J&C is your point of contact and coordinates and delivers the work. Fees shown are estimates; official fees are those actually charged by the office and the final quote is confirmed by an agent. Examination times are set by each office and the outcome depends on official examination; we make no promise as to results. By submitting an order you agree that the information needed for the work is shared with the relevant partner firm (which may be outside your country). This page is general information, not legal advice.

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