DISTINTIVE
SIGNS |
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The Spanish Trade Mark Law No.17/2001, December, 7 grants three
types of protection in Spain for distinctive signs:
1- TRADE MARK.
Its basic features are:
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Protectable
subject matter: any sign susceptible to graphic representation
capable of distinguishing the goods or services one company
from those of another in the market. Thus, for instance,
protectable signs may consist on: |
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Words or a combination thereof. |
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designs, figures, symbols and drawings.
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letters, numerals and combinations thereof.
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Three-dimensional forms ( packaging, containers,
the shape of products or their presentation). |
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Classification: goods and services are
classified in 45 Classes under the Nice International
Classification. Each application can comprise of goods
and services belonging to various classes of the Nice
Classification. |
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Processing: the application is examined
in respect at format requirements and, afterwards, it
is published in the Industrial Property Official Gazette,
opening a term of two months, allowing oppositions arguing
prior rights or invalidity to be lodged. Afterwards, the
Spanish Patent and Trade Mark Office carries out an examination
and all objections and oppositions are reported to the
applicant giving him a term to reply, after which a decision
is taken. |
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Duration: 10 years from the date of the application,
renewable for additional periods of 10 years without limitation.
should be pointed and that the SPTO dees not object to
a trade mark appliccation on the basis of prior registrations
or applications if an owner does not an opposition to
the application |
2- TRADE NAME.
Its basic features are:
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Protectable
subjectmatter: any sign susceptible to graphic representation
which identifies a company in commercial traffic and distinguishes
it from other companies that carry out similar or identical
activities. Thus, the following it may be protected, for
instance: |
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persons names and company names |
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fancy names. |
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denominations referring to the object of
the undertaking. |
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anagrams and logos. |
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Processing: Images, figures and drawings
the application is examined in respect of formal requeriments
and, afterwards, it is published in the Industrial Property
Official Gazette, opening a term of two months, allowing
oppositions arguing prior rights or invalidity to be lodged.
Afterwards, the Spanish Patent and Trade Mark Office carries
out an examination and all objections and oppositions
are reported to the applicant giving him a term to reply
after which a decision is taken. The SPTO does not axamine
applications respect to earlier rights for trade names
either, if the owner does not opposition.
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Duration: 10 years from the filing date
of the application, renewable for additional periods of
10 years without limitation. |
3- ESTABLISHMENT
NAME.
This modality is being eliminated by th trade mark
law as of 31/7/2002. Those applied for beforehand will case
to exist after the period for which they hve been granted
or renewed.
Its main features were:
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Protectable
subject-matter: any sign or designation of ane establishment.
Thus, the following may be protected, for instance: |
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person´s names, company names. |
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fancy names. |
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denominations referring to the object of
the undertaking. |
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anagrams. |
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Processing: the application is examined
in terms of formal requeriments, and afterwards, it is
published in the Industrial Property Official Gazette,
opening a term of two months, allowing oppositions arguing
prior rights or invalidity to be lodged. Afterwards, the
Spanish Patent and Trade Mark Office carries out an examination
on earlier rights and all objections and oppositions are
reported to the applicant giving him a term to reply,
after which a decision is taken. |
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Duration: 10 years from the date of filing
the application, renewable until 30/7/2002 for additional
periods of 10 years. From 31/7/2002 until 31/1/2003 it
was possible to apply for the renewal of existing Establishment
Names for a period of 7 years (until 31/7/2002) |
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Extra- registral protection of definitely cancelled
establishment names: For 20 years after the cancellation
from the register, the owner of an establishment name
may:
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Oppose the use it a later identical
trade mark or trade name that distinguishes the
same activities in teh municipal district where
the establishment name is protected. |
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This right will be eliminated if the
owner of the establishment name knowingly tolerates
later trade mark or trade names for five consecutive
years. |
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c) |
This right will be eliminated before
20 years of the establishment name registration
stops being used for a period of 3 consecutive years. |
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