Misuse of Trademark and Intellectual Property Protection


The brand is the registration form of a symbol, which the public will identify exclusively with a series of products or services. The use of the symbol of a registered trademark is only allowed to the natural or legal person who has registered it or who has obtained their prior consent to do so. Otherwise, legal action may be taken.

If you are looking to register a trademark or trade name you have to know what is allowed and what is not within the Spanish legal framework: The existence of distinctive characters by the brand, its composition must not be exclusively of signs, it must be in accordance with law and public order. The marks that lead to the buyer's error can not be registered. The coat of arms, flag or other emblems of Spain or their respective municipalities and autonomous communities can not be reproduced or imitated (without authorization). The new brand to be registered can not be identical or similar to a previous brand or commercial name, and also offer services belonging to the same sector.

As for the duration of the registration of a trademark, and therefore the time in which their respective rights may be exploited, it is 10 years (it can be renewed in successive periods). In the event that this period of time ends the owner of the brand would not like to continue with its exploitation, the brand would be in total freedom to be used by third parties.

In case of any problem that arises in reference to brand abuse and intellectual property , it is advisable to seek legal advice from a specialist lawyer in the field. In this way, the trademark that has been registered as such will be protected and no one can use it apart from the legal owner of it.