Registering a trademark or trade name in Spain

What you need to have to hand

1. Cl@ve or certificado digital/DNIe that actually works. Without it you can’t file online.
2. The name and/or logo you’ll protect, clear and defined.
3. Nice classes decided and a concrete list of products/services.
4. Holder’s details (individual or company) and, if applicable, power of attorney for the representative.
5. Card or bank account to pay fees online.

Documentation

• DNI/NIE or company certificates (NIF, deed if a representative acts).
• Logo in JPG/PNG (if figurative or mixed). Better with transparent background and good resolution.
• List of products/services by Nice class, drafted sensibly (not too generic, not a mess).
• Proof of payment of fees (generated when you pay on the sede).
• Priority document if you’re coming from a previous filing abroad.

Step by step

1. Search precedents in the OEPM localizador: exact words, similar ones and by classes. If there’s a clone, expect an opposition.
2. Pick the classes and write the list. Think about what you sell now and soon. You can’t add classes later.
3. File the application on the OEPM sede (Marcas y nombres comerciales). ID with Cl@ve or certificate and complete the form.
4. Attach the logo if needed and check spelling (no bad accents or extra spaces). What you ask for is what you get.
5. Pay the fees by card or account debit. Save the PDF receipt like it’s gold.
6. Monitor the file: first formal examination, then publication in BOPI (that starts the 2‑month opposition clock). If there are suspensos or oppositions, respond within the deadline from your expediente.
7. If granted: download the title when the favourable resolution arrives. From then on you can use ®.
8. Optional: declare your nombre comercial in Modelo 036 at the AEAT so it matches your census and invoices.

Time‑saving tricks

• Search properly and don’t just check the exact name: look for phonetic matches and translations. Avoid later headaches.
• Choose classes sensibly: fewer well‑focused classes beats five vague ones you won’t use.
• File electronically: it’s cheaper and everything stays in your expediente. Payments tend to work smoother with Chrome and a certificate.
• Activate alerts in your Carpeta Ciudadana so you don’t miss a Friday‑afternoon notice.
• If you plan to export or sell across the EU, consider the EU trademark from the start. It’s often cheaper than filing country by country.

Common mistakes that can derail the process

1. Trusting the Registro Mercantil: having the company name does NOT protect the trademark.
2. Forgetting a class: you can’t add it after filing. New application = new fees.
3. Generic product lists: they trigger a suspenso or leave you unprotected. Be specific.
4. Missing deadlines to reply to a suspenso or opposition: the file dies and fees are lost.
5. Not using the mark: 5 years of non‑use and it can be cancelled.
6. Talking about your invention before patenting: for patents or utility models, you lose novelty. File first, then talk.