lawyers costa del solArcos & Lamers Asociados,  your trademark lawyer in Spain!

Arcos & Lamers Asociados deals with all formalities to be carried out before the Spanish Office for Patents and Trademarks on the exclusive right on your trademark and distinctive symbol to defend your business’ interests. We officially register trademarks, logos and business names as part of the company’s equity both in Spain and in Europe.

A fast registration of the distinctive symbols of your company avoids the illegal use by other possible competitors.

It is important to distinguish your products from the ones of your competitors and to protect them, which you can achieve by simply registering with the Trademarks Office. Arcos & Lamers Asociados will undertake all necessary steps to register your trademark, which will also include the control of its duration.

Is your Business duly protected against your competitors?

May be you are not aware of it, but you are not the owner of the trade mark of your business, until the same has been duly registered at the Spanish Registry for Marks (Registro de Marcas).

In Spain, the trade marks, application and registration of the marks, is regulated by the Law 17/2001 granted on the 7th December 2001, called Ley de Marcas.

The application and the granting of the trade mark is registered in a special Spanish registry called Registro de Marcas (Registry for Marks), which covers the total Spanish Territory.

Please do not hesitate to contact Arcos & Lamers Asociados, Spanish Lawyers in Marbella who will help you out efficiently with the registration of your Spanish and or European trade mark.

Who can apply for the registration of the mark?

Lawyers, Accountants and Individuals or companies resident in Spain or non resident but with an industrial or commercial establishment in Spain, are entitled to present the application for the registration.

The specialized Costa del Sol lawyers and advisers of Arcos & Lamers Asociados will have the pleasure to assist you efficiently with regards to the application, granting and registration of your business trade mark.

What is exactly the definition of a mark?

As per article number 4 of the Spanish Law 17/2012, a trade mark is any sign which can be represented by a graphic, which serves to distinguish in the market, the goods or service of one company from those of other companies.

The sign could be:

– A word, a name.

– Images, symbols and drawings.

– Letters and figures and its combinations.

– Three-dimensional shapes wrapping, packaging, product form.

– Any combination of all of them.

The Marbella lawyers and advisers of Arcos & Lamers Asociados settled at the Costa del Sol are specialized in advising any private or institutional clients providing additional guaranties to their businesses by means of the registration of their trade marks.

What is prohibited?

It is forbidden to register a mark which is equal or similar to one already registered in Spain,  in an international registry but with effects in Spain, or registered in the European Union, or it is not registered but it is a well known mark,  and which covers identical or similar products or services.

In which way has to be presented the Application of the Spanish trade mark and how is the procedure for registration?

For a business in the province of Málaga, the application has to be presented at the Offices of the Registry in Málaga and in the documentation will appear a official stamp, the application number, the date, the hour and the minute of the presentation of the application.

 The requirements for the application of a Spanish trade mark.

– The form provided by the Ministry of Industria, Turismo and Comercio.

–  Identification of the applicant, including identity card or passport.

– Details of the establishment were the activity is going to be carried out.

– The mark, with specification of the colours.(sound)

– The products or services. International Agreement regulating the services.

– Payment of a duty depending on the number of services

How long does it take to receive and answer from the Authorities?

As per the experience of the Spanish Lawyers and solicitors of Arcos & Lamers Asociados, to obtain a positive answer granting the mark, it could take up to 12 months. If the procedure is stopped because a requirement is missing or a claim is presented, 20 months.

If you are willing to renew your existing mark, it could take between  8 and  12 months.

There is an initial communication in approx. 2 months that the application is accepted or rejected. The registration could take up to one year.

For how long is the Spanish mark granted?

The registration of the mark is granted for 10 years since the application,  and it can be renewed each 10 years.

What are the benefits for registering your mark?

– The exclusive use of the mark.

– The possibility to stop by third parties the use of the mark for identical or similar services and products, or to different products in the case that it is a well known mark.

Should you need any further information please do not hesitate to contact our Firm Arcos & Lamers Asociados, tel: +34952775010, The answer to your first enquiry will be free of charge.

Arcos & Lamers Asociados. Your lawyer in Spain! Registered accountant and lawyer under one roof!

Note: The above mentioned is for information purposes only and not legally binding as general practice, law and requirements may change as from the date of drafting the above mentioned information. The same or part of the contents of the same should not be reproduced, nor given to third parties, without the authorization of Arcos & Lamers Asociados, a Spanish law firm located in Marbella, from where services throughout Spain are developed. Spanish tax planners, accountants and economists in Marbella who offer among other services, Spanish fiscal, legal and accounting advice, advice on purchase and sales of Spanish property, Inheritance procedures in Spain,  preparation of contracts, bankruptcy proceedings, procedural law, labour advice, advise with regards to a Will in Spain, targeted to European citizens living or active at the Costa del Sol.