1st phase: Previous search.
Before filing an application, it is necessary to conduct a search of the new denomination that is going to be protected. These searches can be conducted within Spain or in any other country, with the aim of avoiding future conflicts regarding previous rights.
There are several Official Bulletins publications and Data bases, that are public as well as private, that may give an idea of the importance and magnitude of these searches.
2nd phase: Management
Begins with the filing of the application. The application date gives you a provisional right. In this step we also include the answering to provisional refusals that
may occur during this proceeding up to the granting resolution and the Registration Certificate is sent.
In the following table we can see the main steps of a trademark proceeding before the Spanish Trademark and Patent Office:
PREVIOUS ANALYSIS • Searches in Data bases.
PREPARATION • Documentation that must be filed with the application.
APPLICATION FILING • Filing before the Office.
FORMAL EXAM • Office conducts formal exam.
APPLICATION • Publication in the Official Bulletin.
OPPOSITIONS • Any third party may file an OPPOSITION.
SECOND EXAM BY THE
OFFICE • The Office checks the legal aspects of the application.
PROVISIONAL REFUSAL • If PROVISIONAL REFUSAL, it must be answered within a period of time.
GRANTING OR REFUSAL • If Refusal, an APPEAL can be filed before the corresponding Office.
FINAL PUBLICATION • Publication of the GRANTING resolution.
• Issue of the REGISTRATION CERTIFICATE.
4th phase: Watching and continuous Advising
Trademarks Spanish Law 17/2001 eliminates the defense carried out by the Spanish Office. It is in this moment when a watching service of your registered rights becomes essential do to the fact that if no opposition is filed against a new application by the owner of an earlier right, the Spanish Office will
grant this new application.
We offer this service in Spain and throughout the world, a continuos watching of the Official Bulletins so that oppositions can be filed against new applications, if necessary.