Register your trademark in Spain or the EU with a fixed fee and a single point of contact

Many entrepreneurs and companies build their brand over years without registering it, convinced that continued use gives them adequate protection. When a third party registers the same name or a confusingly similar sign, they discover that use-based protection has very severe limits and that defending an unregistered trademark is an expensive, uncertain process that may ultimately force a full rebrand. Trademark registration confers an exclusive right enforceable against third parties, and without that right the mark is vulnerable from day one. The registration process also has its own technical complexity. Choosing the wrong Nice classes can leave the mark unprotected in activities the business currently carries out or plans to develop in the future. An incomplete prior art search may lead to a registration that is subsequently invalidated through opposition, with the investment lost. And registering only in Spain when the business operates across Europe leaves precisely those markets where exclusivity matters most without protection.

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How we work

From first contact to case completion

  1. Prior art search

    We conduct a thorough search of the OEPM and EUIPO databases to identify earlier marks that could conflict with yours. We analyse not only identity but also phonetic, visual, and conceptual similarity, as these are the criteria applied by the Offices and the courts in the event of a dispute.

  2. Class selection and registration strategy

    We advise on which Nice Classification classes to cover based on your current and future business activities. An overly narrow class selection leaves gaps that a competitor can exploit; an excessively broad selection may generate unnecessary costs. The balance between protection and cost is the key to a sound registration strategy.

  3. Filing the application

    We prepare and file the application with the OEPM or the EUIPO with all required documentation, including the graphic representation of the mark and the description of goods and services in the precise terms required by the Offices. We handle any formal deficiency notices that may arise during examination.

  4. Opposition monitoring and delivery of the registration certificate

    Once the application is published, there is a two-month opposition period during which third parties may oppose the registration. We actively monitor this period and, if an opposition is filed, we advise and represent you in the opposition procedure. Once the period closes without incident, we deliver the registration certificate with the protection active.

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The problem

Many entrepreneurs and companies build their brand over years without registering it, convinced that continued use gives them adequate protection. When a third party registers the same name or a confusingly similar sign, they discover that use-based protection has very severe limits and that defending an unregistered trademark is an expensive, uncertain process that may ultimately force a full rebrand. Trademark registration confers an exclusive right enforceable against third parties, and without that right the mark is vulnerable from day one. The registration process also has its own technical complexity. Choosing the wrong Nice classes can leave the mark unprotected in activities the business currently carries out or plans to develop in the future. An incomplete prior art search may lead to a registration that is subsequently invalidated through opposition, with the investment lost. And registering only in Spain when the business operates across Europe leaves precisely those markets where exclusivity matters most without protection.

Our solution

BMC manages the complete trademark registration process, including a prior art search, strategic selection of Nice classes, preparation and filing of the application with the OEPM (Spain) or the EUIPO (European Union), handling of any office actions, and monitoring during the opposition period. We deliver the registration certificate with the protection activated. We advise on the optimal registration strategy: if activity is concentrated in Spain, an OEPM registration is sufficient and more cost-effective. Where there are operations in several EU countries or where international expansion is a medium-term objective, the European Union Trade Mark (EUTM), known in Spanish as Marca de la Unión Europea (MUE), protects across all 27 member states through a single filing, with a better cost-to-protection ratio for businesses with a European outlook.

Process

How we do it

1

Prior art search

We conduct a thorough search of the OEPM and EUIPO databases to identify earlier marks that could conflict with yours. We analyse not only identity but also phonetic, visual, and conceptual similarity, as these are the criteria applied by the Offices and the courts in the event of a dispute.

2

Class selection and registration strategy

We advise on which Nice Classification classes to cover based on your current and future business activities. An overly narrow class selection leaves gaps that a competitor can exploit; an excessively broad selection may generate unnecessary costs. The balance between protection and cost is the key to a sound registration strategy.

3

Filing the application

We prepare and file the application with the OEPM or the EUIPO with all required documentation, including the graphic representation of the mark and the description of goods and services in the precise terms required by the Offices. We handle any formal deficiency notices that may arise during examination.

4

Opposition monitoring and delivery of the registration certificate

Once the application is published, there is a two-month opposition period during which third parties may oppose the registration. We actively monitor this period and, if an opposition is filed, we advise and represent you in the opposition procedure. Once the period closes without incident, we deliver the registration certificate with the protection active.

desde 390 €
Fixed OEPM fee (excluding official fees)
10 años
Duration of registration, renewable indefinitely
4-6 meses
Average registration timeline without opposition

We had been using our trade name for five years without registering it. When a competitor tried to register something very similar, BMC acted quickly: it filed a well-grounded opposition and we won the case. We then registered our mark correctly, with the right classes. We can sleep soundly now. (anonymised case)

Ignacio Palomares Managing Director, Palomares & Vidal Comunicación SL

An unregistered trademark is a borrowed one. A business that has used a trade name for years without registering it has some use-based protection in certain territories, but that protection is limited, costly to establish, and uncertain in geographic scope. Faced with a third party that has registered the same mark, the prior user must prove that use before the Office or before the courts, which requires time, money, and an uncertain outcome.

Trademark registration, by contrast, confers an exclusive right with a definite date, enforceable against any third party, throughout the territory covered by the registration. That right can be assigned, licensed, pledged as security, or sold. It is an intangible asset with an accountable value that, in many sectors, constitutes the most valuable asset of the business.

The Nice Classification system: making the right choices from the outset

The Nice Classification divides goods and services into 45 classes. When a trademark application is filed, the classes in which protection is sought must be specified. The choice of classes is not a minor formality: it determines precisely which activities are covered by the registered mark.

A software company that registers only in class 42 (programming services) but also sells online training courses may find itself without protection against a competitor that registers the same mark in class 41 (education services). And a clothing manufacturer that registers only in class 25 (clothing) may not be protected in class 35 (retail services) if a competitor opens physical shops under the same name.

Strategic class selection requires analysing not only what the business does today but what it plans to do in the coming years. An additional class carries a limited marginal cost; a missing class can prove very expensive.

The registration process step by step

The process of registering a trademark in Spain comprises the following stages:

  1. Prior art search — Before filing the application, it is essential to verify that no identical or similar earlier marks exist in the same classes. This search is conducted in the public databases of the OEPM and the EUIPO, as well as in regional registers and non-registered rights sources.

  2. Filing the application — Filed with the OEPM (for protection in Spain) or the EUIPO (for EU protection). The application includes the graphic representation of the mark, the list of goods and services in the selected classes, and payment of the corresponding official fees.

  3. Formal and substantive examination — The Office checks that the application meets formal requirements and that the mark does not fall under absolute grounds for refusal (generic, descriptive, or contrary to public policy signs). The Office does not examine ex officio whether earlier marks exist: that function is reserved for the opposition period.

  4. Publication and opposition period — The application is published in the official gazette of the relevant Office. From that publication, holders of earlier marks have two months to file an opposition.

  5. Registration and delivery of the certificate — If no opposition is filed, or if any opposition is resolved in the applicant’s favour, the mark is registered and the registration certificate is issued bearing the effective date of protection.

Trademark watching: active protection after registration

Registration does not end the task. Once a mark is registered, it is important to monitor whether third parties file confusingly similar applications that could erode the exclusivity. Trademark watching services continuously monitor new filings at the Offices and alert when a similar application is published, enabling action within the opposition period.

BMC offers annual watching contracts for clients who have registered their trademark with us, with periodic reports and immediate alerts whenever a publication could affect the exclusivity of the registration.

FAQ

Frequently asked questions

The cost of registering a trademark in Spain with the OEPM has two components: the official Office fees and professional fees. The OEPM official fees are 143.79 euros for the first Nice class and 81.38 euros for each additional class. BMC's fees for an OEPM registration in one class start from 390 euros, with a fixed fee that covers the prior art search, preparation of the application, monitoring of the file, and delivery of the registration certificate. For the European Union Trade Mark with the EUIPO, the official fees are 850 euros for the first class and 50 euros per additional class, with professional fees from 550 euros.
The OEPM (Oficina Española de Patentes y Marcas, the Spanish Patent and Trademark Office) grants protection exclusively within Spanish territory. The EUIPO (European Union Intellectual Property Office) issues the European Union Trade Mark, which protects across all 27 member states through a single registration. For a business operating or planning to operate in several European countries, the EUTM is more cost-efficient than registering in each country separately. The principal advantage of an OEPM registration is the lower initial cost for businesses with exclusively national operations; its limitation is that it provides no coverage in Italy, Germany, France, or the rest of the EU.
Any sign capable of being represented in the Register in a way that allows the goods or services of one business to be distinguished from those of another may be registered as a trademark: words, names, letters, numerals, colour combinations, three-dimensional shapes, sounds, logos, and even combinations of all of these. What cannot be registered are signs that are generic or descriptive of the goods they protect (for example, 'fresh' for fruit), signs contrary to public policy or accepted principles of morality, protected designations of origin, and signs that mislead the public as to the nature of the product.
Both OEPM and EUIPO registrations are valid for ten years from the date of filing of the application, renewable indefinitely for successive ten-year periods. Renewal must be requested within the six months before the expiry date, or within the six months following it with a surcharge. A trademark may be maintained in force indefinitely provided it is renewed on time and is genuinely used in trade, as five consecutive years of non-use may give rise to the cancellation of the registration.
Once the trademark application is published, any holder of an earlier conflicting mark may file an opposition within two months. If an opposition is filed, an inter partes procedure is initiated at the relevant Office with an exchange of written submissions and the possibility of direct negotiation between the parties. In many cases the opposition is resolved through a coexistence agreement or by delimiting the scope of protection of each mark. If no agreement is reached, the Office decides at first instance and its decision may be appealed. BMC represents clients throughout the opposition procedure.
Yes. Through the Madrid System administered by the World Intellectual Property Organization (WIPO, known in Spanish as OMPI), it is possible to extend the protection of a Spanish or European trademark to more than 130 countries through a single international application. The cost depends on the number of countries designated. This route is particularly attractive for businesses with expansion plans in markets such as the United Kingdom (which is no longer in the EU), the United States, Mexico, China, or the United Arab Emirates. BMC also manages international registrations under the Madrid System.

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Frequently asked questions

Questions about Trademark Registration in Spain and the European Union | BMC

The cost of registering a trademark in Spain with the OEPM has two components: the official Office fees and professional fees. The OEPM official fees are 143.79 euros for the first Nice class and 81.38 euros for each additional class. BMC's fees for an OEPM registration in one class start from 390 euros, with a fixed fee that covers the prior art search, preparation of the application, monitoring of the file, and delivery of the registration certificate. For the European Union Trade Mark with the EUIPO, the official fees are 850 euros for the first class and 50 euros per additional class, with professional fees from 550 euros.
The OEPM (Oficina Española de Patentes y Marcas, the Spanish Patent and Trademark Office) grants protection exclusively within Spanish territory. The EUIPO (European Union Intellectual Property Office) issues the European Union Trade Mark, which protects across all 27 member states through a single registration. For a business operating or planning to operate in several European countries, the EUTM is more cost-efficient than registering in each country separately. The principal advantage of an OEPM registration is the lower initial cost for businesses with exclusively national operations; its limitation is that it provides no coverage in Italy, Germany, France, or the rest of the EU.
Any sign capable of being represented in the Register in a way that allows the goods or services of one business to be distinguished from those of another may be registered as a trademark: words, names, letters, numerals, colour combinations, three-dimensional shapes, sounds, logos, and even combinations of all of these. What cannot be registered are signs that are generic or descriptive of the goods they protect (for example, 'fresh' for fruit), signs contrary to public policy or accepted principles of morality, protected designations of origin, and signs that mislead the public as to the nature of the product.
Both OEPM and EUIPO registrations are valid for ten years from the date of filing of the application, renewable indefinitely for successive ten-year periods. Renewal must be requested within the six months before the expiry date, or within the six months following it with a surcharge. A trademark may be maintained in force indefinitely provided it is renewed on time and is genuinely used in trade, as five consecutive years of non-use may give rise to the cancellation of the registration.
Once the trademark application is published, any holder of an earlier conflicting mark may file an opposition within two months. If an opposition is filed, an inter partes procedure is initiated at the relevant Office with an exchange of written submissions and the possibility of direct negotiation between the parties. In many cases the opposition is resolved through a coexistence agreement or by delimiting the scope of protection of each mark. If no agreement is reached, the Office decides at first instance and its decision may be appealed. BMC represents clients throughout the opposition procedure.
Yes. Through the Madrid System administered by the World Intellectual Property Organization (WIPO, known in Spanish as OMPI), it is possible to extend the protection of a Spanish or European trademark to more than 130 countries through a single international application. The cost depends on the number of countries designated. This route is particularly attractive for businesses with expansion plans in markets such as the United Kingdom (which is no longer in the EU), the United States, Mexico, China, or the United Arab Emirates. BMC also manages international registrations under the Madrid System.
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