
Trademark Registration in Spain- Protect Your Brand Nationwide
Trademark registration in Spain is administered by the Spanish Patent and Trademark Office (Oficina Española de Patentes y Marcas — OEPM), the central government authority responsible for the filing, examination, publication, and registration of trademarks in the Kingdom of Spain. OEPM operates under the Ministry of Industry and Tourism and its procedures are fully harmonised with EU IP law as required by Spain’s membership of the European Union since 1986. The Spanish trademark system follows a first-to-file principle and includes formal and substantive examination prior to registration, fully consistent with the EU Trade Mark Directive 2015/2436. Spain is a full EU Member State, a Eurozone member (euro adopted 1999), a Schengen Area member, a NATO member, a member of the Paris Convention, the Madrid Protocol, the Nice Agreement, the TRIPS Agreement, and a signatory to the Singapore Treaty on the Law of Trademarks. Madrid — where OEPM is headquartered — is also the home of EUIPO’s parent city and Spain hosts the world’s most widely spoken second language, making Spanish-language brand strategy particularly significant for rights holders with Latin American IP portfolios.
On this page
Spain trademark registration at a glance
- Official Language
- Spanish
- Validity
- 10 years, renewable
- Typical timeline
- 4 to 6 months
- Opposition period
- 2 months from publication
- Madrid Protocol
- Yes, member since 1995
- Classification
- Nice Classification, 45 classes
- System
- First-to-file
* Timelines assume no objections or oppositions. Laws change, so contact us to confirm current requirements.
Introduction
The Kingdom of Spain is Western Europe’s second-largest country by area and the fourth-largest economy in the Eurozone. Spain shares the Iberian Peninsula with Portugal and borders France, Andorra, and Morocco (via the autonomous cities of Ceuta and Melilla on the North African coast). Madrid, the capital, is one of Europe’s major financial and commercial hubs; Barcelona is a leading global centre for design, fashion, media, and technology; Valencia, Seville, Bilbao, and Zaragoza are significant regional commercial cities. Spain’s economy is driven by a large services sector (including one of the world’s largest tourism industries), manufacturing (automotive, aerospace, food and beverage, pharmaceuticals), financial services, renewable energy, and a growing technology and startup ecosystem. Spain is a gateway to both the EU Single Market and the Latin American market of over 650 million Spanish speakers, making trademark registration in Spain strategically significant for brands with Ibero-American ambitions. As a full EU Member State, Spain’s trademark framework is fully integrated with the EU IP system — meaning an EU Trade Mark (EUTM) registered with EUIPO (headquartered in Alicante, Spain) automatically covers Spain, while national filings with OEPM provide an additional layer of domestic protection.
Why register your trademark in Spain
Exclusive Rights: Grants exclusive legal ownership and the right to use your trademark throughout the Kingdom of Spain for the registered goods and services, including mainland Spain, the Canary Islands, the Balearic Islands, and the autonomous cities of Ceuta and Melilla.
Legal Enforcement: Enables enforcement through OEPM, the Spanish commercial courts (Juzgados de lo Mercantil), the Audiencia Provincial, and customs authorities, with civil, administrative, and criminal remedies fully integrated with EU enforcement standards.
Nationwide & EU Customs Protection: Secures protection across all Spanish territory and enables anti-counterfeiting enforcement through the Agencia Estatal de Administración Tributaria (AEAT — Customs) within the EU Customs Union framework.
EUTM Strategy & Fallback: A Spanish national trademark provides an independent prior right that can oppose conflicting EUTM applications and serves as a national fallback against EU-wide EUTM revocation.
Latin American & Ibero-American Gateway: Spain’s unique position as the linguistic gateway to Latin America — the world’s largest Spanish-speaking market — makes brand registration in Spain strategically important for rights holders building Ibero-American IP portfolios.
Asset Value: A registered trademark is a transferable intangible asset benefiting from the full EU IP enforcement toolkit, and is commercially important in one of Europe’s largest consumer markets of approximately 47 million people.
Trademark Classes Spain (Nice Classification)
Spain follows the Nice Classification system, categorising trademarks into 45 classes — 34 for goods (Classes 1–34) and 11 for services (Classes 35–45). OEPM permits multi-class applications, and the specification of goods and services must be filed in Spanish and must be clear, precise, and consistent with Nice Classification standards as applied by OEPM in conformity with EUIPO practice. Expert guidance on class selection is particularly important for Spain’s key sectors: tourism and hospitality, food and beverage (including wines, olive oil, and Iberian products with protected designations of origin), fashion and luxury goods, automotive, pharmaceutical, renewable energy, and financial services.
Our trademark services in Spain
End-to-end support from our licensed in-country attorneys, from the first search to lifelong protection.
Attorney-Assisted Search
In-depth legal search of the OEPM register, EUIPO database, and WIPO Madrid Database to identify potential conflicts before filing.
In-depth legal search of the OEPM register, EUIPO database, and WIPO Madrid Database to identify potential conflicts before filing.
Complete filing and application management for Spanish national trademarks — handled by registered Spanish trademark agents (Agentes de la Propiedad Industrial).
Trademark Renewal Services
Hassle-free renewals to maintain your Spanish trademark protection, with proactive deadline monitoring and docketing.
Watch & Monitoring Services
Continuous monitoring of OEPM, EUIPO, and WIPO Madrid publications to identify potential conflicts across Spain and the EU at the earliest stage.
Ownership Transfer / Assignment
Efficient handling of trademark ownership transfers, corporate mergers, and restructuring recordals with OEPM.
Licensing & Franchising Support
Expert guidance to license, franchise, or expand your brand within Spain, the EU Single Market, and Latin American markets.
Opposition & Enforcement
End-to-end representation in opposition before OEPM, appeal to the Audiencia Nacional, and civil and criminal infringement proceedings before Spanish courts.
Customs Recordal & Anti-Counterfeiting
Recordal of trademarks with Spanish Customs (AEAT) and enforcement through the EU Customs Union border protection framework, including at major Spanish ports and airports.
Trademark registration process in Spain
Here is how to register a trademark in Spain, step by step.
Here is the step-by-step process followed for trademark registration in Spain. Legacy Partners manages each stage on your behalf — from initial clearance through to issuance of the registration certificate by OEPM.
Spain Trademark Search & Application
We begin with a comprehensive availability search across the OEPM register, the EUIPO register (for EUTMs with effect in Spain), and the WIPO Madrid Database to identify potential conflicts before filing. Once clearance is confirmed, the application is prepared in Spanish and filed with OEPM electronically — either as a national filing or as the national phase of a Madrid Protocol designation. Legacy Partners manages all documentation, translation, and power of attorney requirements on the client’s behalf.
Formal & Substantive Examination
OEPM conducts a formal examination followed by a substantive examination on absolute grounds (distinctiveness, descriptiveness, deceptiveness, public order, official emblems, and geographical indications), fully consistent with EU Trade Mark Directive 2015/2436 standards. OEPM does not conduct ex officio relative grounds examination — it is for prior rights holders to monitor and oppose. Spain’s examination process is one of the most efficient in the EU, contributing to its 4–6 month registration timeline.
Acceptance and Publication
Once the application clears examination, the mark is published in the Official Gazette of Industrial Property (Boletín Oficial de la Propiedad Industrial — BOPI), opening a two-month window for third-party opposition, extendable by one additional month upon request.
Opposition Period
Third parties holding prior rights may file an opposition within two (2) months from the date of publication in the BOPI (extendable by one month). Grounds include identity or similarity with an earlier registered Spanish mark, an EUTM, an internationally registered mark designating Spain, a well-known mark, or other grounds under Law 17/2001. Oppositions are heard by OEPM, with appeal to the Audiencia Nacional and further to the Supreme Court of Spain (Tribunal Supremo).
Registration & Certificate
If no successful opposition is raised, OEPM registers the mark in the Spanish Trademark Register (Registro de Marcas), issues a Certificate of Registration, and publishes the registration in the BOPI. The mark is then fully enforceable against third parties throughout Spain.
Validity & Renewal
The trademark is valid for 10 years from the filing date and is renewable indefinitely for successive 10-year periods on payment of renewal fees to OEPM. A 6-month grace period is available after expiry, subject to a late renewal surcharge.
Start your application in a few minutes. Nothing is filed until you approve the written quote.
Documents required for trademark registration in Spain
Applicant name & business entity
(individual or company, with registered address)
Trademark details
(word mark, figurative/logo, combined, 3D, colour, sound, or other non-traditional mark)
Classes of goods and/or services
(Nice Classification)
Power of attorney
(signed by an authorised signatory; apostille or legalisation may be required for non-EU/EEA applicants)
Specimen or representation of the mark
(for figurative or non-standard marks)
List of goods/services
(in Spanish, clear and precise specification)
Priority documents
(if claiming convention priority under the Paris Convention)
Certified Spanish translation
Any supporting document not originally in Spanish
Timeline, validity and renewal
Validity and renewal
The trademark is protected for 10 years from the filing date, renewable indefinitely for further 10-year periods by paying renewal fees to OEPM. A 6-month grace period is available after expiry, subject to a late renewal surcharge. The trademark must be put to genuine use in Spain within five years of registration; failure to do so may expose the mark to revocation on non-use grounds upon the application of any interested third party before OEPM or the competent court. The genuine use standard is applied in conformity with CJEU jurisprudence on EU trademark law. Use of the mark in Spain in the normal course of trade in the registered classes constitutes genuine use.
Governing Law
Trademark protection in Spain is principally governed by Law 17/2001 of 7 December 2001 on Trademarks (Ley de Marcas), as substantially amended by Law 6/2019 of 15 January 2019 implementing EU Trade Mark Directive 2015/2436. The Law is supplemented by Royal Decree 687/2002 (implementing regulations), the Civil Procedure Act (Ley de Enjuiciamiento Civil) for court enforcement, the Penal Code (Código Penal) for criminal enforcement of trademark rights, and the Customs Act for border measures. Spain is a member of the Paris Convention, the Madrid Protocol, the Nice Agreement, the TRIPS Agreement, and is a signatory to the Singapore Treaty on the Law of Trademarks. As an EU Member State, Spanish trademark law is interpreted in conformity with EUIPO Guidelines and Court of Justice of the European Union (CJEU) jurisprudence. EU Regulation 2017/1001 (EU Trade Mark Regulation) applies directly in Spain for EUTM matters.
Client stories
Businesses that trust us with their brands across borders.
We had an excellent experience working with Legacy Partners for trademark registration and brand protection services in India. Their expert team guided us throughout the filing process, ensuring accurate documentation, timely updates, and seamless support. Their professionalism and intellectual property expertise gave us confidence in protecting our brand identity while supporting our expansion into new markets.

We had a seamless experience working with Legacy Partners for trademark registration services in Bahrain. Their professional team provided excellent support throughout the trademark filing process, ensuring timely updates, accurate documentation, and smooth coordination. Their expertise in intellectual property and brand protection services helped us secure our brand identity with confidence.

* Client stories are shared with permission.
Trademark registration in Spain: FAQ
How long does trademark registration take in Spain?
Trademark registration in Spain typically takes approximately 4 to 6 months from the filing date through to issuance of the registration certificate by OEPM, in a straightforward case without objections or oppositions. This is one of the fastest registration timelines among all EU national trademark offices, making Spain particularly attractive for applicants seeking rapid domestic protection.
Should I register an EU Trade Mark (EUTM) or a Spanish national trademark?
For most businesses seeking coverage across multiple EU Member States, an EUTM registered with EUIPO (headquartered in Alicante, Spain) is the most cost-effective route, covering all 27 EU Member States including Spain. A Spanish national trademark is strategically preferable where: you need only Spanish territory coverage; you want a national prior right to oppose conflicting EUTMs; you need a national fallback against EUTM revocation; you want faster protection than the EUTM timeline; or you prefer OEPM’s administrative proceedings for specific dispute resolution. Legacy Partners advises on the optimal EUTM-versus-national strategy for each client.
Does an EUTM cover Spain?
Yes. Spain is a full EU Member State, and an EU Trade Mark (EUTM) registered with EUIPO — which is headquartered in Alicante, Spain — automatically provides trademark protection throughout Spain without any additional national filing requirement. A Spanish national trademark registered with OEPM provides an independent layer of domestic protection that coexists with EUTM coverage.
Do I need a local representative to file a trademark in Spain?
EU and EEA residents may file directly with OEPM without local representation. Applicants domiciled outside the EU/EEA are required to act through a registered Spanish trademark agent (Agente de la Propiedad Industrial) or equivalent EU/EEA representative. Legacy Partners provides full local representation through its network of OEPM-accredited professionals.
Are multi-class trademark applications permitted in Spain?
Yes. OEPM permits multi-class applications. A single application may cover multiple classes of goods and/or services, with an additional official fee payable for each class beyond the first.
What is the validity period of a trademark registration in Spain?
A trademark registered in Spain is valid for 10 years from the filing date and is renewable indefinitely for successive 10-year periods, subject to timely payment of the renewal fee to OEPM. A 6-month grace period is available after expiry.
What language is required for filing in Spain?
All filings before OEPM must be in Spanish (Castilian). Spain also has co-official regional languages including Catalan, Galician, and Basque, but OEPM proceedings are conducted exclusively in Spanish. Legacy Partners manages all translation and document preparation requirements on behalf of clients filing from non-Spanish-speaking jurisdictions.
What is the opposition period after publication in Spain?
The opposition period in Spain is two (2) months from the date of publication of the application in the BOPI (Boletín Oficial de la Propiedad Industrial), extendable by one additional month upon request. Third parties holding prior rights may file an opposition within this window. Grounds include prior Spanish national marks, EUTMs, international registrations designating Spain, and well-known marks.
Is Spain a member of the Madrid Protocol?
Yes. Spain is a member of the Madrid Protocol for the International Registration of Marks. A WIPO international application can designate Spain as part of a multi-country filing strategy, enabling cost-effective simultaneous trademark protection across multiple jurisdictions alongside the EUTM route.
What currency is used for official fees in Spain?
Spain has been a Eurozone founding member since 1999, and all official fees payable to OEPM are denominated in euros. This provides a practical advantage for EU-based applicants, with no currency conversion or exchange rate risk.
How does Spain’s relationship with Latin America affect trademark strategy?
Spain’s linguistic and cultural ties with Latin America make it a uniquely strategic trademark jurisdiction for brands with Ibero-American ambitions. A Spanish trademark registration establishes domestic protection in one of Europe’s largest consumer markets while serving as a platform for brand expansion across 20 Latin American countries sharing the same language. Brand owners building pan-Spanish-language IP portfolios should consider coordinated filing strategies covering Spain alongside key Latin American markets such as Mexico, Colombia, Argentina, Chile, and Peru. Legacy Partners can manage Ibero-American multi-country filing strategies on your behalf.
Does Spain recognise well-known marks?
Yes. As an EU Member State and member of the Paris Convention, Spain extends enhanced protection to well-known marks (marcas notoriamente conocidas) and renowned marks (marcas renombradas) under Law 17/2001, the EU Trade Mark Directive, and Article 6bis of the Paris Convention. Spanish law distinguishes between ‘well-known’ marks (known within the relevant sector) and ‘renowned’ marks (known by the general public), with broader protection available to renowned marks across different classes.
Can I assign or licence my trademark in Spain?
Yes. A registered Spanish trademark may be assigned or licensed, in whole or in part, for all or part of the goods or services for which it is registered. Assignments and licences must be recorded with OEPM in the Spanish Trademark Register to be enforceable against third parties, consistent with EU harmonisation requirements.
What is the non-use revocation risk for trademarks in Spain?
A trademark registered in Spain that has not been put to genuine use within Spain for a continuous period of five years without legitimate reasons may be subject to revocation (caducidad por falta de uso) upon application by any interested third party before OEPM or the competent court. The genuine use standard is applied in conformity with CJEU jurisprudence. Rights holders with Spanish registrations should ensure that genuine commercial use in Spain is documented and maintained to protect against non-use revocation risk.
What is the best trademark registration provider for Spain?
Legacy Partners is a globally trusted trademark and IP services firm offering end-to-end registration, prosecution, enforcement, and portfolio management in Spain and over 150 jurisdictions worldwide, with transparent pricing, dedicated account management, and direct access to OEPM-accredited Agentes de la Propiedad Industrial in Madrid and Barcelona.
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This page is general information, not legal advice. Official requirements and fees can change; we confirm the current position for your matter before filing.