How much does it cost to register a trademark with the OEPM? Official fees and fee structures
Registering a trademark in Spain through the Oficina Española de Patentes y Marcas (OEPM, the Spanish Patent and Trademark Office) has two cost components: official fees (public and regulated) and professional fees charged by the trademark agent or specialist lawyer. The fees are fixed; professional fees depend on the complexity of the application (number of classes, prior art search, risk of opposition). This guide sets out the cost components and the strategic decisions to be made before starting the process: how many classes to apply for, whether to engage a professional agent, whether to register in Spain only or also in the EU, and what happens if a third party files an opposition.
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The problem
Registering a trademark in Spain through the Oficina Española de Patentes y Marcas (OEPM, the Spanish Patent and Trademark Office) has two cost components: official fees (public and regulated) and professional fees charged by the trademark agent or specialist lawyer. The fees are fixed; professional fees depend on the complexity of the application (number of classes, prior art search, risk of opposition). This guide sets out the cost components and the strategic decisions to be made before starting the process: how many classes to apply for, whether to engage a professional agent, whether to register in Spain only or also in the EU, and what happens if a third party files an opposition.
Our solution
At BMC we advise on brand strategy and the registration of distinctive signs with the OEPM, the EUIPO (European Union trade mark) and across multiple international jurisdictions. We assess the viability of the registration before filing the application, identifying potential conflicts with earlier marks that could result in an opposition or refusal. The initial consultation is free. See our [fee structures](/es/honorarios) for further information.
How we do it
Prior art search
Before filing the application, we conduct a search of the OEPM and EUIPO databases to identify identical or similar earlier marks that could obstruct the registration or create a risk of confusion. This avoids investing in a registration that will subsequently be refused or opposed.
Class strategy
The Nice Classification divides goods and services into 45 classes. Applying for too many classes generates unnecessary costs; applying for too few leaves parts of the business unprotected. We define the optimal strategy based on the company's current and future activities.
Filing the application with the OEPM
We prepare and file the registration application, with a precise description of the goods/services and the graphic representation of the mark. An error at this stage can result in a refusal on formal grounds or inadequate protection.
Monitoring and management of potential oppositions
Once the application is published in the BOPI (Official Bulletin of Industrial Property), there is a 3-month opposition period during which third parties may oppose the registration. If there is an opposition, we manage the response or negotiate a coexistence agreement.
What makes up the cost of registering a trademark with the OEPM?
The cost of registering a trademark with the OEPM (Oficina Española de Patentes y Marcas, Spain’s Patent and Trademark Office) comprises two distinct elements:
- Official OEPM fees — public and regulated amounts, differing for the first class and additional classes. Available at oepm.es. They are the same regardless of which agent manages the registration.
- Industrial property agent or lawyer fees — these vary based on complexity: number of classes, type of mark, prior art search, management of potential oppositions.
At BMC we always quote clearly distinguishing between both elements. See our fee structures to understand how we price the service component.
Variables that determine the service budget
The cost of registering a trademark is not limited to the OEPM fees. The factors that affect the total budget are as follows.
Number of classes applied for. The Nice Classification has 45 classes of goods and services. Applying for more classes increases the fee cost but protects a broader range of activities. The decision on how many classes to apply for requires professional advice, because both under-registering (inadequate protection) and over-registering (unnecessary costs and expensive maintenance) have consequences.
Need for a prior art search. Before filing a registration application, it is strongly advisable to conduct a search to identify similar earlier marks that could obstruct the registration. This search is not included in the OEPM fees and is quoted as an additional service. Investing in it saves money if it identifies a conflict before the fees are paid.
Risk of opposition. In sectors with a high density of registered trademarks (fashion, food, technology, cosmetics), the probability of encountering a third-party opposition is higher. If there is an opposition, management costs can exceed the cost of the initial registration itself.
Geographic scope of protection. If the company has or plans to have activities outside Spain, it may be more efficient to register the European Union Trade Mark (EUIPO) directly, or to use the Madrid System (WIPO) to cover multiple countries with a single application.
Type of mark. Word marks (text only) are simpler to register than combined marks (text plus logo), figurative marks (logo only), or three-dimensional marks. Novel formats (sound marks, motion marks, colour marks) require additional specifications.
Fee transparency at BMC
At BMC we quote trademark registrations always clearly distinguishing between official fees (fixed and payable to the OEPM) and our service fees. We do not apply surcharges on OEPM fees. The quote either includes the prior art search or indicates it as an optional item, so the client can make an informed decision. The initial consultation to assess the viability of the registration and the class strategy is free of charge.
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