You will find here all the important information about filing trademarks, designs and patents.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Hague Agreement on Industrial Designs: NO.
Intellectual Property Law 2024.
2 years.
NO.
- Applicant identification.
- Graphic representation of the design.
- Payment of official fee.
- Classification of the design.
- Brief description.
YES.
YES, up to 12 months.
- Filing.
- Publication.
- Oppositions.
- Decision.
YES, although it is not formal. Observations must be filed within60 days from publication.
6-9 months.
15 years from filing date.
The quinquennial fees must be paid every five years for the Design to remain effective for a total of 15 years. The first quinquennial payment is due within the first 6 years following the filing of the Design application, with a 6-month grace period allowed for payment. The second quinquennial payment is due by the 10th year after registration.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Madrid System: NO.
Intellectual Property Law of 15 February 2025.
Nice classification, 11th edition.
YES.
All distinctive and graphically representable signs, words, names, acronyms, letters, colors, numbers (letters, colors and numbers cannot be registered if they are filed individually), devices, emblems, combinations or shades of colors, three-dimensional forms, the three-dimensional form of a good or its packaging, sounds and smells. It now also encompasses three-dimensional images, motion marks, reliefs, textures, and engravings. Additionally, it defines the criteria for protecting well-known trademark, in accordance with the guidelines set forth by the Joint Recommendation of the World Intellectual Property Organization and the Paris Union Assembly.
- Power of Attorney notarised and legalised within 4 months from the official request for judicial matters, counterfeit goods, customs, consumer protection and others. For non-judicial matters, a Power of Attorney executed with a wet-ink signature, without any further formalities, would suffice.
- Certified copy of the priority application and its translation into Spanish within 3 months from the application date.
- Absolute grounds for refusal: YES.
- Relative grounds for refusal: YES.
2 months from the publication in the Bulletin.
Approximately 9 months, unless any obstacles were raised.
10 years from the date of registration.
YES. Cancellation can be requested if the trademark has not been used for 5 years, counting from the registration date. Partial cancellation is possible.
Under the new IP Law, the renewal can be requested at any time before the expiration date within the 10-year period.
6 months.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months.
IP Law of March 23, 2006.
- Patent of Invention.
- Utility Model.
NO.
- Power of Attorney duly notarized and legalized within 10 days from notification.
- Assignment document from the inventors duly notarized and legalized (which may be substituted by a sworn declaration by the representative) within 60 days from office action.
- Certified copy of priority application within 180 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).
Accepted. Late submission of the Spanish translation is possible within 6 months from filing.
YES, within 6 months from publication.
NO.
YES, within60 days from publication.
YES, within 60 days from publication.
4-5 years.
20 years from filing date.
10 years from filing date.
UM Suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.
Yearly; also during prosecution of the application.
NOT mandatory.
YES.