Protecting your Trade Mark in Spain

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Posted and filed under Businesses in Spain.

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We imagine many clients to not even think about protecting a Trade Mark in Spain.  The principle must be to never let the Domain Name that corresponds to the name everyone knows you by not be renewed. We mean expire and become eligible for other companies to register, such as our “Spanish Solutions”.

Registering a Trademark

First of all you should conduct a trademark search for your brand name, such as, for example, SoftSell for an Estate Agent.  Now with regard to searches, you need to look at your main activity of real estate services including perhaps property rentals, but also maybe you operate as :

– A keyholding company
– Hiring out workmen
– Doing home removals

Can they register a trademark of SoftSell in all these areas?

Yes, they can and the cost is very low.  They should register their trademark in the activity of real estate and the other activities they do. The more activities they register the more it will cost.

Logo

They can register the logo the way they use it on their website. There´s no need to include the words “property”, “rentals” and others in the registration although they can use them in the real world underneath or with the logo.

The trademark registration is done in Spain with the Spanish Patent and Trademark Office as follows:

  • Application of the trademark in one main class e.g. real estate: (this incurs various fees)
  • Each additional class: (this incurs other fees but reduced)
  •  Revision and sending of the Registration Certificate (another fee)

It is possible that someone may object to the use of the trademark and then matters may need to be considered. Everyone with a trademark registered that is close to yours, say SoftSelling, then they will be asked if they object.

The customer will also need to complete a special power of attorney for trademark lawyer to act for them.

Domain Name of Trademarks

It is also important to not let your domain name be taken by someone else as otherwise they can take the business that should have gone to you, so it needs to be registered to the client and kept in forcce.

If you need assistance with your business affairs for legal and tax reasons or need a trademark lawyer, please contact us.

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