From idea to reality: Steps to register your business name in Spain
Starting a business is an exciting journey that begins with a simple idea. But turning that idea into a reality involves several crucial steps, one of which is registering your business name. In Spain, as in many other countries, registering your business name is an essential legal requirement that ensures your brand identity is protected and legally recognized. In this guide, we'll walk you through the steps to register your business name in Spain, helping you transform your entrepreneurial vision into a tangible business entity.
When we believe that our company has reached a sufficient level of maturity to enjoy some renown and relevance within the market, it's time to register both the company's trade name and the brand of the products or services it offers. And that's where the Spanish Patent and Trademark Office (OEPM) comes into play.
The OEPM is an autonomous body attached to the Ministry of Industry, Commerce, and Tourism that is dedicated to the tasks of receiving, studying, and granting various forms of industrial property rights granted in Spain. These include trade names and trademarks.
To register a trademark or a trade name, you need to go through a series of procedures and pay certain fees. However, not just any name can be registered, even though anyone can submit the application.
The OEPM has prepared a guide for registering a trademark in eight steps. They are as follows:
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Visit the official website, access the Electronic Headquarters, and look for the option "Trademark Application."
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Enter the applicant's identification data (and, if applicable, the representative's information).
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Provide details of the distinctive sign you want to apply for (type of distinctive sign and kind of distinctive sign). The type of distinctive sign can be denominative, figurative, three-dimensional, positional, pattern, color, sound, motion, multimedia, hologram, or another type.
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Compile the list of products, services, or activities for which you want your distinctive sign to be registered. The form contains a closed list with 45 classes.
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Attach the required documentation if necessary (for example, when acting through a representative, include the authorization from the owner).
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Review the draft of your application to ensure all data is correct.
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Pay the corresponding fees.
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Download the proof of application submission or send it to an email address. This document contains the requested sign's number, as well as the date and time of submission.
If the trademark registration application is approved, the OEPM will send a grant resolution along with a link. From this URL, the applicant can download the registration certificate after 24 hours from the notification. On the other hand, if the office denies the registration, the applicant can file an administrative appeal (recurso de alzada) within one month from the publication of the denial in the Official Gazette of Industrial Property (Boletín Oficial de la Propiedad Industrial or BOPI).
Registering your business name in Spain is a significant milestone on your entrepreneurial journey. Following these steps ensures your brand identity is protected and legally recognized, providing a solid foundation for your business's success.