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Trademark law in Spain is governed by the Trademark Act, which protects distinctive signs used to distinguish goods or services of one company from those of another. Trademarks can be a word, logo, symbol, or combination thereof, and registration with the Spanish Patent and Trademark Office (SPTO) is necessary to obtain legal protection.
There are several situations where you may need a lawyer specializing in trademark law in Spain. These include trademark registration, opposition proceedings, infringement cases, and licensing agreements. A lawyer can provide valuable advice and guidance to protect your trademark rights and navigate the legal complexities of the process.
Key aspects of Spanish trademark law include the requirement of distinctiveness for registration, the protection of well-known trademarks, the possibility of filing oppositions to third-party trademarks, and the duration of trademark rights, which is 10 years with the possibility of renewal.
A: The process involves filing an application with the SPTO, which includes a representation of the trademark, a list of goods or services, and payment of the relevant fees. The SPTO will examine the application for compliance with legal requirements before granting registration.
A: Trademark rights in Spain are granted for a period of 10 years, with the possibility of renewal for successive 10-year terms upon payment of the renewal fees.
A: Yes, interested parties can file an opposition to a trademark application within two months from its publication to protect their own rights.
A: Legal remedies for trademark infringement in Spain include injunctions to stop the infringement, damages, and the seizure and destruction of infringing goods.
For more information on trademark law in Spain, you can visit the website of the Spanish Patent and Trademark Office (SPTO) or seek assistance from organizations like the Spanish Association of Trademark and Patent Agents (COAPI).
If you require legal assistance in trademark matters in Spain, it is advisable to consult with a specialized trademark lawyer who can provide personalized advice and representation to protect your rights effectively.
