How to protect your trademark in Spain and Europe

You have built a brand. Your logo, your name, your product identity — these are assets that took time and money to create. Now you are entering Spain or the broader European market, and you discover that another company has already registered your brand name there. Or worse: they are using it without registration, but they were first. The cost of not protecting your trademark early is always higher than the cost of registering it. This guide explains how trademark protection works in Spain and across the EU, what it costs, and what options you have when someone infringes your rights.

Trademark basics: what can be protected?

A trademark (marca) is any sign capable of distinguishing the goods or services of one company from those of another. In Spain and the EU, registrable trademarks include:

• Word marks: company names, product names, slogans
• Figurative marks: logos, graphic designs
• Combined marks: a name and logo together (the most common type)
• Three-dimensional marks: the shape of products or packaging
• Colour marks: a specific colour or combination of colours used as an identifier
• Sound marks: jingles or distinctive sounds
• Motion marks, multimedia marks, and position marks — recognised under EU trademark law

To be registrable, a trademark must be distinctive (capable of identifying the origin of goods or services), not merely descriptive of the product, not identical or confusingly similar to an earlier registered mark, and not contrary to public policy or morality.

Option 1: Spanish national trademark (OEPM)

A Spanish national trademark is registered with the Oficina Española de Patentes y Marcas (OEPM) and provides protection exclusively within Spain. Key details:

• Cost: official filing fee from €126.54 for one class of goods/services; additional classes cost €82.81 each
• Term: 10 years from the filing date, renewable indefinitely for further 10-year periods
• Processing time: approximately 6–8 months from filing to registration (assuming no opposition)
• Online filing: applications can be submitted online through the OEPM’s e-services platform
• Professional representation: required for applicants not resident in the EU

The Nice Classification system divides goods and services into 45 classes. Each class must be applied for separately. Most product companies need between 2 and 5 classes; service companies often need 1–3. Selecting the right classes is one of the most consequential decisions in the application process — too narrow and you are unprotected in adjacent areas; too broad and you pay unnecessary fees.

Option 2: EU trademark (EUIPO)

An EU trademark (EUTM — European Union Trade Mark) is registered with the European Union Intellectual Property Office (EUIPO) and provides protection across all 27 EU member states with a single application. Key details:

• Cost: €850 for one class (online application); €50 for the second class; €150 for each additional class from the third onwards
• Term: 10 years from filing, renewable for further 10-year periods
• Processing time: approximately 4–6 months from filing to registration (assuming no opposition)
• Single application covers all 27 EU member states — significantly more cost-efficient than 27 national registrations
• Professional representation: required for applicants not established in the EU

For most foreign companies entering Spain as part of a broader European strategy, the EUTM is the right starting point — it covers Spain and all other EU markets simultaneously. A Spanish national trademark is more appropriate when the company’s activities are exclusively Spain-focused, when a specific conflict exists that requires a national registration, or when a partial EU registration needs to be complemented at national level.

The trademark registration process: step by step

Step 1: trademark search

Before filing, conduct a search to identify existing registered marks that could conflict with yours. The OEPM’s database covers Spanish national marks; EUIPO’s eSearch covers EU marks; WIPO’s Global Brand Database covers international marks. A professional trademark search assesses not just identical marks but also confusingly similar ones — which is where most conflicts arise.

Step 2: file the application

Submit the application online through the OEPM or EUIPO portal with: the trademark representation (wordmark, logo file, etc.), the list of goods and services by Nice class, and payment of the filing fee. The application date becomes the priority date — critical for establishing who was first in any future conflict.

Step 3: formal examination

The office examines whether the application meets formal requirements and whether the mark is inherently registrable (not generic, not purely descriptive). Neither the OEPM nor the EUIPO conduct a search for conflicting earlier marks at this stage — that responsibility lies with the applicant and with third-party opponents.

Step 4: publication and opposition period

Once the application passes examination, it is published in the official gazette. Third parties then have a 2-month window (EUIPO) or 2 months (OEPM) to file an opposition based on an earlier conflicting mark. This is the period when existing trademark owners can challenge your application. If no opposition is filed — or if any opposition is resolved in your favour — the mark proceeds to registration.

Step 5: registration and certificate

The trademark is registered and a registration certificate issued. Protection runs from the filing date — not the registration date — which is why filing early matters even before the process is complete.

International trademark protection: the Madrid System

For companies wanting trademark protection beyond Spain and the EU, the Madrid System (administered by WIPO) allows a single international application to designate multiple countries simultaneously. Based on a home-country registration, one application filed through WIPO can extend protection to over 130 member countries — including the US, UK, China, Japan, Australia, and most major commercial markets. Costs depend on the countries designated and the number of classes. The Madrid System significantly reduces the cost and administrative burden of building a global trademark portfolio.

Enforcement: what happens when someone infringes your trademark?

Cease and desist letter

The first step in most trademark disputes: a formal letter from your legal representative demanding that the infringer stops using the mark, withdraws infringing products, and compensates for damages. Many disputes are resolved at this stage without litigation.

Administrative action: OEPM / EUIPO opposition or cancellation

If a conflicting mark is filed after yours, you can file an opposition during the publication period. If a conflicting mark has already been registered, you can file a cancellation action at the OEPM or EUIPO — either for invalidity (the mark should never have been registered) or for revocation (the mark has not been genuinely used for 5 consecutive years).

Civil litigation in Spain

Trademark infringement claims in Spain are brought before the Juzgados de lo Mercantil (Commercial Courts). Available remedies include: injunctions (prohibiting continued use of the infringing mark), seizure of infringing goods, damages (actual losses or lost profits), and publication of the judgment. Spain also provides a preliminary injunction procedure (medidas cautelares) for urgent situations where infringement is causing immediate irreparable harm.

Customs recordal

Trademark owners can record their rights with Spanish Customs (AEAT — Customs Department) and EU Customs to intercept counterfeit goods at the border. This is particularly relevant for product brands dealing with counterfeiting from outside the EU.

Frequently asked questions

Does registering a company name in Spain protect the trademark?

No. Company name registration with the Registro Mercantil (Registro Central) prevents another company from incorporating under the same name — but it does not create trademark rights. These are entirely separate systems. A company name registration does not protect the name as a brand for goods and services, and it does not prevent others from using the same or similar name as a trademark in unrelated sectors.

Can I use a trademark without registering it?

In Spain and the EU, trademark protection is primarily registration-based. Unregistered marks can acquire some protection through extensive use — particularly for well-known marks — but this protection is narrower, harder to enforce, and requires evidence of established use and reputation. Registration creates a clear, documented priority date and a presumption of validity. For any serious commercial brand, registration is strongly recommended.

What is the difference between a trademark and a domain name?

A domain name registration (e.g., .es or .com) does not create trademark rights and does not protect the brand from being used by others in commerce. Conversely, trademark registration does not automatically give you rights to a domain name. Companies entering Spain should coordinate their trademark registration with their domain name strategy — and where a third party is squatting on a domain that conflicts with a registered trademark, there are administrative dispute resolution procedures (such as the ICANN UDRP) available.

Protecting your brand in Spain and Europe is a strategic investment — and acting early is always cheaper than acting after a conflict arises. At Capital Auditors & Consultants, we advise foreign companies on trademark registration strategy, OEPM and EUIPO filings, opposition procedures, and enforcement in Spain. Contact our corporate and commercial law team to discuss your brand protection needs.