Protecting your trade mark is one of the most valuable steps a business / person can take to strengthen its market identity and reputation. The Spanish Trademark Act (Law 17/2001 of 7 December) governs the registration and legal protection of trademarks in Spain.

This article provides a professional overview of the key procedural and substantive provisions—from filing the application to the final registration—focusing on Articles 11 to 22, which define the structure and safeguards of Spanish trademark law.

Article 11 – Filing the Application.

Article 11 governs how and where a trademark application must be filed.
Applicants may file directly with the Spanish Patent and Trademark Office (OEPM) or, if domiciled in Spain, through the competent authority of their Autonomous Community.

This provision determines the entry point of the application into the registration process and initiates subsequent procedural stages (Articles 12, 16, 18, 19, 21, and 22).

Article 12 – Application Requirements.

Article 12 sets out the minimum information necessary for a valid application:

  • A formal request for registration.

  • Identification of the applicant.

  • A representation of the mark (word, figurative, or mixed).

  • A list of goods and/or services, classified under the Nice Classification.

  • Proof of fee payment, based on the number of classes.

Compliance with these requirements allows the application to proceed to the formal examination stage under Article 16.

Article 16 – Admissibility and Formal Examination.

Under Article 16, the OEPM examines whether the application meets all formal and procedural requirements.

  • If the application contains defects or omissions, the Office invites the applicant to remedy them within the prescribed time limit.

  • Failure to correct deficiencies may lead to refusal or non-admission.

  • Minor or partial defects may result in limited acceptance of the application.

This stage ensures that only properly prepared applications move forward, safeguarding procedural certainty and efficiency.

Article 18 – Publication of the Application.

Once the formal examination is completed, the OEPM publishes the application in the Official Industrial Property Bulletin (BOPI).

Publication is denied only if the application is contrary to public policy or accepted principles of morality (Article 5.1(f)).
If the application contains defects preventing publication, the applicant is notified and may remedy them as per Article 16.

The publication includes the applicant’s details, the mark representation, and the list of goods or services. This step ensures transparency and third-party awareness and opens the opposition period regulated by Article 19.

Article 19 – Oppositions and Third-Party Observations.

Following publication, third parties may file an opposition within two months from the publication date.
Oppositions may rely on earlier trademarks, trade names, or other prior rights, invoking relative or absolute grounds for refusal.

Additionally, any person may file third-party observations regarding absolute grounds for refusal (such as descriptiveness, lack of distinctiveness, or public policy concerns).
Although observers do not acquire party status, their submissions are considered by the OEPM during examination.

Importantly, if an opponent’s earlier mark has been registered for five years or more, the applicant may request proof of genuine use.
Failure to demonstrate such use (or justify its absence) may result in dismissal of the opposition.

Article 19 thus constitutes the adversarial stage of the registration process—balancing protection for prior right holders with the applicant’s legitimate interest in registration.

Articles 21 and 22 – Examination and Decision on the Application

After resolving any oppositions and observations:

  • Article 21 (Examination on Absolute Grounds):
    The OEPM examines whether the trademark falls under absolute grounds for refusal, such as lack of distinctiveness, descriptiveness, or conflict with public order or morality. Applicants are notified of objections and may submit observations or amendments before a final decision.

  • Article 22 (Decision on the Application):
    Once examination and oppositions are concluded, the OEPM issues a reasoned decision either granting or refusing registration, in whole or in part.
    Granted trademarks are recorded in the Spanish Trademark Register and published in the BOPI, thereby acquiring full legal protection under Spanish law.

Together, these articles complete the administrative procedure, ensuring that each application undergoes a thorough, fair, and transparent examination before rights are conferred.

Conclusion: A Legal Framework that Protects and Empowers

The Spanish Trademark Act provides a coherent and secure framework for the registration and enforcement of trademark rights.
Articles 11 through 22 guide applicants through each phase—from filing to final registration—ensuring that every trademark is examined, published, and decided under principles of fairness, transparency, and due process.

Registering a trademark in Spain is not merely a bureaucratic formality; it is a strategic legal investment in your company’s identity, reputation, and commercial value.

If you are considering registering your trademark in Spain or require legal advice on oppositions, enforcement, or portfolio management, at KAPLAN LEGAL, our team of specialised trademark attorneys / IP lawyers will guide you through every step of the process to ensure your rights are effectively protected.