National Records

Brand

What is it?

Name, logo, label, container used to identify a particular product or service to the public.

What’s the use?

No other person may use the same or similar brand in Spain to identify identical or similar products or services to the public.

What is its duration?

10 years from the date of application for registration, which may be extended indefinitely by successive renewals for 10-year periods.

Trade name

What is it?

Name, logo, which is used to identify to the public a certain natural or legal person in the exercise of its mercantile activity.

What’s the use?

No other person engaged in an equal or similar business may use an equal or similar name in Spain to identify himself or herself to the public.

What is its duration?

10 years from the date of application for registration, which may be extended indefinitely by successive renewals for 10-year periods.

Utility model

What is it?

Inventions that provide some advantage in the use or manufacture of a particular object, utensil, machine…

What’s the use?

No other person may use or exploit in Spain an invention equal or similar.

What is its duration?

10 years from the date of application for registration, a maintenance fee must be paid each year from the third party.

Patent

What is it?

Procedure, product, mechanism.. That implies new world-wide.

What’s the use?

No other person may use or exploit in Spain an invention equal or similar.

What is its duration?

20 years from the date of application for registration, a maintenance fee must be paid each year from the third party.

Industrial Designs

What is it?

According to the new and recent law of industrial design, design shall mean: the appearance of the whole or part of a product, derived from the characteristics of, in particular, the lines, contours, colors, shape, texture or materials of the product in Yes or its ornamentation.

Product:

Any industrial or artisanal article, including, inter alia, parts intended for installation in a complex product, packaging, presentation, graphic symbols and typographic characters, excluding software.

Complex product:

A product consisting of multiple replaceable components that allow the product to be dismantled and re-assembled.

Any design that fulfils the requirements established by law may be protected as a registered design by means of its registration, validly effected, in the register of designs.

Designs that are new and have a unique character may be registered, designs contrary to public order or good manners will not be recorded.

The design applied or incorporated into a product constituting a component of a complex product shall only be deemed to be new and has a unique character:

If the component, once incorporated into the complex product, remains visible during normal use; And

b) to the extent that these visible characteristics of the component present in themselves novelty and singular character. Normal use for the purposes of paragraph (a) of the preceding paragraph shall mean the use by the end user, not including maintenance, conservation or repair.

The application for registration may include a number of designs, up to a maximum of 50, as long as they relate to products belonging to the same class of the International Classification of Industrial designs established by the Locarno agreement.

What is its duration?

The design registration shall be granted for five years from the date of filing of the application for registration and may be renewed for one or more successive periods of five years up to a maximum of 25 years computed from that date.

Copyright

What is it?

Right that the author has about his work.

What’s the use?

Public recognition of the authorship of a work and the right to receive an economic compensation for its use or diffusion.

What is its duration?

Variable depending on the type of work.

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