EU TRADEMARK VS. SPANISH TRADEMARK
What is a trademark?
Trademarks protect distinctive signs that identify your products and differentiate your goods or services from other providers.
Distinctive signs are amongst others:
- names
- logos
- colors
- images
- patterns
- shapes
- packagings of goods
- sounds
Trademarks usually give 10-year-long protection, which is starting from the date of the application. It may also be renewed 10 years at each time. The one who owns a trademark could profit from it either by permitting others to use it by a licensing agreement or selling it.
What is the difference between a national trademark and a European trademark?
A natural person or a legal person who only needs protection in one EU country, for example in Spain, could register a trademark in that specific country at OEPM. However, if this person wishes to get protection or earlier mentioned benefits in all EU countries (for example a national Spanish company that would like to protect its logo, while going international and start trading in other EU countries), then one should register a European trademark at EUIPO. For international protection even outside of the EU, one would need to register with the World Intellectual Property Organisation (WIPO).
These posts are not legal advice and are meant only for informative purpose. Any legal advice requieres a case by case study first.
