Every time a company launches a new product, opens a new business line or wants to protect its trade name, the same question comes up: how do I register the trademark and how much will it cost? The answer is not complicated, but it does require following the steps in the right order, knowing the current official fees and understanding exactly what a registration with the Spanish Patent and Trademark Office (OEPM) protects. In this article we explain the full process, with data updated to 2025-2026, so you can make the decision with real information.
What does trademark registration in Spain protect?
A registered trademark is a distinctive sign — a name, logo, slogan, shape, colour or combination of several elements — that identifies a company's products or services from those of its competitors. Registration with the OEPM grants the holder the exclusive right of use throughout Spanish territory for the classes of goods or services requested, for an initial period of 10 years, renewable indefinitely.
Without registration, continued use of a sign may generate certain rights against third parties (known as a well-known or reputed mark), but without the legal certainty or preventive opposition capacity that only the OEPM's official title provides. In practice, registering the trademark is the first step of any serious industrial property strategy.
The Nice Classification: choose your classes carefully
The registration system is based on the International Nice Classification, which organises all goods and services into 45 classes: classes 1 to 34 cover physical products and classes 35 to 45 cover services. Each trademark application must indicate which class or classes protection is sought in, and the fee varies depending on the number of classes chosen.
Choosing the right classes is a strategic decision: registering in classes you do not use may be refused for non-use, but failing to register in relevant classes may leave the door open for competitors. The most commonly applied-for classes in Spain are:
- Class 35 — Advertising, marketing and retail services.
- Class 41 — Education, training and entertainment.
- Class 9 — Technology, software and electronic devices.
- Class 25 — Clothing, footwear and headgear.
- Class 42 — Technology services, industrial design and scientific research.
If your company operates in several sectors — for example, you manufacture a product and also offer installation and maintenance services — you will likely need two or more classes. The second class is significantly cheaper than the first, so the incremental cost is usually worthwhile.
Official OEPM fees in 2026
OEPM fees are updated periodically and are reduced when the procedure is carried out electronically through the OEPM's electronic office. The following are the fees in force from 1 April 2026:
| Item | Electronic procedure | In-person procedure |
|---|---|---|
| Application — first class | €127.88 | €150.45 |
| Each additional class | €82.84 | €97.48 |
| Renewal (10 years, first class) | €148.06 | €174.18 |
| Nullity or cancellation (opposition) | €170.00 | €200.00 |
Note: fees in force from 1 April 2026 per the official OEPM fee schedule. Always check the current fees on the OEPM electronic office before starting the procedure.
On top of the official OEPM fee, you must also add, where applicable, the fees of an industrial property agent (IPA) if you decide to seek professional advice — which is highly recommended to avoid errors in the description of goods or services that could cost you the application.
The procedure step by step
1. Prior rights search
Before filing the application, carry out a search on the TMview database (a free tool shared by European trademark offices) and on the OEPM's own search engine to check whether any identical or similar trademark is already registered in the same classes. A prior search is not mandatory, but it avoids investing time and money in an application that will be refused or challenged.
2. Preparation and filing of the application
The application is filed through the OEPM electronic office (oepm.es) using a digital certificate or cl@ve. It must include: the graphical representation of the trademark (logo, typeface or name in standard text), the list of goods or services by Nice class, the applicant's details and proof of payment of fees. The OEPM assigns a filing date that determines priority over subsequent identical or similar applications.
3. Formal examination
The OEPM checks that the application meets formal requirements: complete data, fees paid, correct graphical representation. If it finds correctable defects, it notifies the applicant to remedy them within the specified deadline.
4. Publication in the BOPI and opposition period
If there are no formal defects, the OEPM publishes the application in the Official Gazette of Industrial Property (BOPI). From that publication, a 2-month period opens during which any holder of earlier rights may file an opposition. This is the moment when a competitor who already has a similar trademark registered can challenge yours.
If you receive an opposition, you will have 1 month to respond to the opponent's arguments. The OEPM will issue a ruling within approximately 4 additional months.
5. Grant and publication of the registration
If there is no opposition, or if the OEPM dismisses it, the registration is granted and published again in the BOPI. The holder receives the official trademark registration certificate, which may be used from that point with the ® symbol.
6. Maintenance and monitoring
The registration lasts 10 years from the filing date of the application, renewable for equal periods. During that time, the holder must use the trademark in commercial traffic for the registered classes. If the trademark is not used for 5 consecutive years without justified reason, a third party may apply for cancellation for non-use.
How long does the process really take?
The total time from filing the application to grant varies, but under normal conditions — no oppositions and no defects to remedy — the process takes between 4 and 6 months. If an opposition is filed, the process can be extended by several additional months depending on the complexity of the case.
From a practical standpoint, the holder may already indicate «trademark pending» (without the ® symbol) from the moment of filing, which serves as a preventive notice to third parties.
Spanish trademark or European Union trade mark?
Once the mechanics of national registration are clear, the usual question is whether it is better to register only in Spain or to extend to the entire European Union through the EUIPO (European Union Intellectual Property Office, headquartered in Alicante).
| Criterion | Spanish trademark (OEPM) | EU trade mark (EUIPO) |
|---|---|---|
| Geographic scope | Spain only | All 27 EU member states |
| First-class fee (2026) | €128 (electronic) | ~€850 (electronic) |
| Duration | 10 years, renewable | 10 years, renewable |
| Single registration | No (must register in each country) | Yes (covers the entire EU) |
| Risk of partial refusal | Not applicable | If an earlier mark exists in one country, it may block the entire EU application |
| Ideal for | Primarily domestic activity | Export, international e-commerce, franchises |
For most SMEs with activity mainly in Spain, national registration is the logical starting point. If the business has European reach or sells online to customers in other EU countries, the European Union trade mark is significantly more efficient than registering in each country separately.
There is also the Madrid System (WIPO), which allows trademark protection in multiple countries around the world with a single international application based on the Spanish registration.
Common mistakes that cost you the registration
- Not conducting a prior rights search before filing and finding an opposition a month after paying.
- Describing goods or services in a generic or incorrect way, which can lead to refusal for lack of specificity or leave key business activities unprotected.
- Choosing only one class when the business operates in several, leaving avenues open for imitation by competitors.
- Not applying for the trademark until it is already on the market, losing priority to someone who registers it first.
- Failing to renew on time: the OEPM does not send renewal reminders; the holder is responsible for tracking the deadline.
- Using descriptive or generic names (for example, trying to register «Mineral Water» for mineral water), which the OEPM will refuse for lack of distinctiveness.
Through our industrial property service we support the company from the prior rights search through to obtaining the title, preventing a formal error or a poor choice of classes from undermining the whole process.
Industrial property and business strategy
Trademark registration is not an isolated bureaucratic formality: it is the cornerstone of any company's differentiation strategy. A registered trademark can be licensed, transferred, used as collateral in financing or be one of the most valued assets in a business sale transaction. Companies that have been in the market for years without registering their trademark discover the problem when someone else does it first or when they want to sell the business and the buyer requires clean intellectual property assets.
At Summum Consultoria, with offices in Valladolid, Burgos, Palencia, Aranda de Duero and Las Palmas and over 19 years of experience supporting SMEs in their legal and strategic consultancy processes, we manage the protection of industrial property in a comprehensive way: prior rights searches, drafting of the descriptive specification, electronic filing with the OEPM, monitoring of the opposition period and international extension strategy if the business requires it.
Frequently asked questions
How much does it cost to register a trademark in Spain in 2026?
The official OEPM fee for the first class is €127.88 for the electronic procedure and €150.45 for the in-person procedure (fees in force from 1 April 2026). Each additional class costs €82.84 more in the electronic mode (€97.48 in person). On top of this official cost, you must add, where applicable, the fees of an industrial property agent if you decide to seek professional advice for the management of the application file.
How long does it take the OEPM to grant a trademark?
Under normal conditions, with no oppositions and no formal defects to remedy, the entire process from filing the application to grant of the registration takes between 4 and 6 months. If a third party files an opposition, the timeline extends by several more months, depending on whether the parties reach an agreement or whether the OEPM must issue a ruling.
Do I need to renew the trademark and when?
Yes. The trademark registration lasts 10 years from the filing date of the application and can be renewed indefinitely for 10-year periods. Renewal may be requested during the last year before expiry or within a 6-month grace period afterwards (with a surcharge). The OEPM does not send automatic renewal reminders, so the holder must keep track or delegate this to an agent.
Can I register a trademark across Europe from Spain?
Yes. You have two options: the European Union trade mark through the EUIPO, which with a single application (approximate fee of €850 for the first class in 2025) covers all 27 member states; or the Madrid System managed by WIPO, which allows you to extend protection to more than 130 countries by designating the ones you are interested in on the basis of your Spanish registration. The choice depends on the markets in which your company operates or plans to operate.