Propiedad industrial

Trademarks & Patents

An unregistered trademark or invention is an asset any competitor can legally copy. We manage the entire process before the OEPM, EUIPO and WIPO so your industrial property is protected before someone else claims it first.

ScopeNational (OEPM) · EU (EUIPO) · International (WIPO)
Average timeline4–6 months without opposition (national trademark)
ProfileSMEs with their own brand, product or invention

A registered trademark turns a name, logo or slogan into an exclusive right enforceable in court. Without that registration, whoever files first — even if they arrive later — can legally prevent you from using your own commercial identity. The Spanish Patent and Trademark Office (OEPM) processes the application, publishes the file for two months so that third parties can oppose it, and, if there is no conflict, grants the title with a ten-year validity that can be renewed indefinitely. At Summum Consultoria we conduct a prior-art search before filing, which avoids known conflicts and speeds up resolution.

Patents and utility models protect technical inventions: a new machine, an industrial process, a chemical formula. A Spanish patent grants protection for twenty years from the filing date, subject to annual fees. For SMEs that have developed incremental improvements — not necessarily radical inventions — the utility model offers a faster process and lower cost, with ten years of protection. The OEPM runs an annual grant programme to encourage patent and utility model applications by individuals, SMEs and non-profit private institutions with a registered office in Spain.

When the target market extends beyond Spain, the European Union Trade Mark through the EUIPO covers all twenty-seven member states with a single file. International registration via WIPO (the Madrid System) allows protection to be extended to more than one hundred countries with a single application submitted in one language. We advise on the most efficient route depending on your company's internationalisation plan: sometimes it makes sense to start with Spain and expand later; in other cases, direct European registration is the most cost-effective option from day one.

The Trademarks & Patents process.

The process · four stages
01

Prior-art search

We carry out a thorough search of the OEPM, EUIPO and WIPO databases to detect existing trademarks or patents that could block or weaken your application. We deliver a report with the risk level and recommendations before you spend a single euro on official fees.

02

Strategy and drafting of the application

We define the most appropriate Nice Classification classes for your activity, draft the technical claims for patents or utility models, and prepare all the application documentation. A well-structured application from the start reduces the risk of opposition and refusal.

03

Filing and file monitoring

We file the application with the OEPM, EUIPO or WIPO according to the agreed strategy, manage official fee payments and actively track the file. If third-party oppositions are received, we prepare the response brief and defend your position.

04

Maintenance and monitoring

Once the title is granted, we manage periodic renewals and alert you well in advance so that no right lapses through oversight. We can also set up a trademark watch service that monitors new applications which may conflict with yours.

What is included

What Trademarks & Patents includes.

The operational detail: what we deliver as part of the work and what we keep alive afterwards.

  • National trademark registration

    Application for word, figurative or combined marks before the OEPM, including prior-art search and opposition management.

  • European Union Trade Mark (EUIPO)

    Registration covering all 27 member states under a single title. We file the application directly with the EUIPO or through the OEPM.

  • International registration (WIPO)

    Extension of protection to more than 100 countries through the Madrid System. File management and designation of target countries.

  • Patents and utility models

    Drafting of technical claims, state-of-the-art report and processing before the OEPM. Guidance on available grants to reduce costs.

  • Industrial designs

    Protection of the external appearance of a product — shape, lines, colours, texture — before the OEPM or EUIPO. Particularly relevant for sectors such as furniture, fashion or consumer goods.

  • Monitoring and renewals

    Ongoing surveillance of new applications that could infringe your rights, and management of ten-year trademark renewals and patent annual fees to keep protection active.

Frequently asked questions about Trademarks & Patents.

How long does it take to register a trademark with the OEPM?

If the application has no formal defects and no oppositions are received during the two-month publication period in the Official Industrial Property Gazette, the process is resolved in approximately four to six months. If there are oppositions, the file may be extended by six to twelve additional months while the dispute is handled.

Is it better to register a trademark in Spain or directly in the EU?

It depends on your actual market and growth horizon. National registration (OEPM) is more affordable and suitable if you operate mainly in Spain. The European Union Trade Mark (EUIPO) is more efficient if you already sell or plan to sell in several European countries, since a single title covers all 27 member states. Many SMEs start with the national trademark and extend to the EU once they confirm international expansion.

What is the difference between a patent and a utility model?

A patent protects inventions with a high level of novelty and inventive step and grants protection for twenty years. A utility model — sometimes called a 'small patent' — protects technical improvements with a less demanding inventive-step criterion and has a ten-year term; processing is faster and filing costs are lower. For most industrial SMEs with incremental product improvements, the utility model is the most pragmatic option.

Can I register my company name as a trademark?

Yes, and it is highly advisable. A trade name registered in the Mercantile Registry only offers protection against companies in the same sector in the same province; trademark registration with the OEPM gives national protection in the classes of goods and services you choose. These are distinct and complementary rights. It is also possible to register the name as an EU trademark if you want European coverage.

Does the OEPM offer grants for SMEs that want to patent?

Yes. The OEPM runs an annual grant scheme to encourage patent and utility model applications from individuals, SMEs and non-profit private entities with a registered office in Spain. The amount partially covers official filing fees. At Summum Consultoria we assess whether your project meets the requirements and manage the grant application alongside the patent file.