Overview of the legal framework

Spain’s IP regime is centred on the Industrial Property Law (Ley de Patentes y Marcas). The main legislation includes:

• Patent Law (Ley 24/2015 de Patentes)

• Trademark Law (Ley 17/2001 de Marcas)

• Industrial Design Law (Ley 20/2003 de Protección Jurídica del Diseño Industrial)

• Copyright Law (Ley de Propiedad Intelectual)

• Unfair Competition Law (Ley de Competencia Desleal)

The competent authority is the Spanish Patent and Trademark Office (OEPM), which is under the Ministry of Industry, Trade and Tourism (Ministerio de Industria, Comercio y Turismo).
Spain is a member of WIPO, the PCT, the Madrid System, the Hague Agreement, the Paris Convention and TRIPS,
and is an important member of both the EPO and EUIPO.

International cooperation and system alignment

• Trademarks and designs can obtain EU-wide protection via EUIPO;

• The patent system is closely aligned with the EPO, and European patents can be validated in Spain after grant;

• Spain is an active member within the WIPO, EPO and EUIPO systems;

• Spain maintains IP cooperation frameworks with Latin American countries (such as Mexico, Chile and Argentina).

Trademark system

Filing routes

• National trademark applications can be filed directly with OEPM;

• Or file a European Union trade mark (EUTM) via the European Union Intellectual Property Office (EUIPO), which automatically takes effect in Spain;

• Or designate Spain under the Madrid Protocol.

Classification standard

• Applies the Nice Classification;

• Both single-class and multi-class applications are accepted.

Examination procedure

• Formality examination: around 1 month;

• Substantive examination: around 6–8 months;

• Opposition period: 2 months from the date of publication.

Use and renewal

• Registration term: 10 years, renewable indefinitely;

• Non-use for a continuous period of 5 years may lead to revocation.

Examination features

• Examination language: Spanish;

• Focuses on distinctiveness and conflicts with earlier rights;

• Highly digitalised procedures that can be completed online via the OEPM sede electrónica;

• A well-developed opposition system; decisions can be appealed to the Administrative Court (Audiencia Nacional).

Patent system

Types of protection and term

• Invention patents (Patente de Invención): 20 years from the filing date;

• Utility models (Modelo de Utilidad): 10 years from the filing date.

Examination system

• Invention patents: substantive examination system;

• Average examination period: 24–30 months;

• Utility models: formality examination only.

International routes

• Spain is a PCT contracting state, and PCT applications may enter the national phase;

• It is also an EPO member state, and European patents can take effect in Spain after grant;

• Supports PPH fast-track examination (with JPO, USPTO, CNIPA and others).

System features

• Applies the “first-to-file” principle;

• Examination language: Spanish (an English specification may be attached where necessary);

• Annual maintenance fees must be paid after grant;

• A separate post-grant opposition system is available, and oppositions can be filed before the OEPM.

Design protection

Legal basis

• Industrial Design Law (Ley 20/2003 de Protección Jurídica del Diseño Industrial).

Scope of protection

• The product’s appearance, lines, colours, textures, shape and ornamentation;

• Includes GUI designs and handicraft works.

Term of protection

• Protected for 5 years from the filing date, renewable four times, up to a maximum of 25 years.

Examination procedure

• Examination period: around 1–3 months;

• Only formality examination is carried out; creativity is not assessed;

• Examination language: Spanish.

System features

• A single registration is valid throughout the country;

• Multiple designs may be combined in one application;

• International design applications can be filed under the Hague Agreement;