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1. Protection of Inventions
2. Protection of Esthetic Forms
3. Protection of Trademarks or Distinctive Signs
 1. Protection of Inventions
As Industrial Property Official Agents, we are accredited at the Spanish Trademark and Patent Office, and therefore, we can advise you of the most appropriate way of protecting your invention, making patentability studies, as well as all type of actions for the application of Patents or Utility Models, during its processing, and the obtaining of the Granting Title and its maintenance in force.
Specifically for the application of a Patent or an Utility Model we need:
NECESSARY REQUIREMENTS FOR APPLYING FOR A REGISTRY IN SPAIN
- Description of the Invention, comprising: State of the Art known until now, specific differences that provide the invention and advantages that these differences provide.
- Drawings of a preferred embodiment.
- Data of the Owner (name, address, nationality, V.A.T.. o I.D card).
- Authorization signed by the Owner, together with a photocopy of the Passport or the I.D. card of the signatory.
- Inventor’s data, including also a photocopy of the I.D. card.
- Assignment Document signed by the Inventor and by the Owner.
What are the PATENTS?
Are registable as Patents the inventions susceptible of industrial application, that are new and that involve an inventive activity.
It is considered that an invention has NOVELTY when its content has not been applied previously as Patent or Utility Model in Spain, and IT HAS NOT BEEN DISCLOSED in Spain or Abroad previously to the application.
It is considered that an invention involves inventive activity when its content is not EVIDENT for one skilled in the art taking into account the already known previously to the application for the Patent (State of the prior Art).
It is considered that an invention is of INDUSTRIAL APPLICATION when it can be manufactured or used in any kind of industry, including the agricultural industry.
There are not registrable as Patents:
- The scientific theories or the mathematics methods
- The artistic or literary Works, or the esthetic creations
- The methods of rules for the practice of intellectual activities or economic-commercial activities
- The computer games or programs
- The form of presenting informations
The registry of a Patent grants to his owner the right of exploiting the invention in Spain for a max period of TWENTY YEARS, provided that the annual payments of maintenance (ANNUITIES) are carried out.
What are the UTILITY MODELS?
There can be protected as Utility Models the inventions consisting in GIVING TO AN OBJECT a configuration, structure or constitution of which an appreciable PRACTICE ADVANTEAGE comes off for its USE or MANUFACTURING.
The inventive activity required for the Utility Models is lower than the required for the Patents, since it is only required that they do not follow of a VERY EVIDENT way the prior State of the Art.
The Utility Models have a max duration of TEN YEARS, provided that the annual payments of maintenance (ANNUITIES) are carried out.
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 2. Protection of Aesthetic Forms
As Industrial Property Official Agents, we are accredited at the Spanish Trademark and Patent Office, and therefore, we can advise you in the more appropriate way for protecting your Designs, as well as carry out all type of actions for the application of an Industrial Design, defend it during its procedure, obtaining the Granting Title and manage its maintenance in force.
Specifically for the application of an Industrial Design we need:
NECESSARY REQUIREMENTS FOR APPLYING FOR A REGISTRY IN SPAIN
- Photographs, Drawings or even a Physical Sample of the Object to protect.
- Data of the Owner (name, address, nationality, V.A.T. or I.D card).
- Authorization signed by the Owner, together with a photocopy of the Passport or the I.D. card of the signatory.
- Data of the Author, including also a photocopy of the I.D. card, if there is not waiver to the mention of the author.
What are the INDUSTRIAL DESIGNS?
There exist numerous known objects, that their only novelty is the design or the aesthetic form that present.
Consider, for example, the different forms that can adopt a table, a chair, an ashtray, a key or a handle, or the ornaments of a package or a tissue.
The way to protect in Spain this novel aesthetic BIDIMENSIONALS or TRIDIMENSIONALS forms is through the INDUSTRIAL DESIGN, registration category that allow the registration of up to FIFTY VARIANTS of the same object for FIVE YEARS, renewable for successive periods of five years, UP TO 25 YEARS.
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 3. Trademarks or Distintive Signs
As Industrial Property Official Agents, we are accredited at the Spanish Trademark and Patent Office, and therefore, we can advise you of the most appropriate way of protecting your Distinctive Signs or your Corporate Image, as well as carrying out any type of steps for the application for Trademark or Commercial Names, defend it during its processing, obtaining its Granting Title and manage its maintaining in force.
Specifically, for the application of a Trademark or a Commercial Name we need:
NECESSARY REQUIREMENTS FOR APPLYING FOR A REGISTRY IN SPAIN
- Denomination (or a Sample of the Logo in electronic format if it contains graphics)
- Goods / Services for which the Trademark is going to be used (heading of the International Classification).
- Data of the Owner (name, address, nationality, V.A.T. or I.D card).
- Authorization signed by the Owner, together with a photocopy of the Passport or the I.D. card of the signatory.
PREVIOUS INVESTIGATION TO A TRADEMARK APPLICATION
The Spanish Trademark and Patent Office has saved electronically the existing Trademarks in force and this makes possible and convenient to make the request of an identity and resemblance investigation as a previous step to a desired Trademark Application.
An investigation of this type can be done quickly and it prevents of applying for a Trademark and realize after several months that it cannot be obtained because it exists a similar or identical previous Trademark.
Although a Trademark investigation does not guarantee the total certain of the no existence of a previous Trademark (it exist a dull period); when it results indicate us that it exists another previous Trademark identical or very similar, it provides us a time and money guarantee that justify that it is advisable.
¿What is a TRADEMARK?
A trademark is every sign that it is suitable for differentiate a good or service, allowing to indivualize it establishing a differentiating element from other similar goods or services.
Every sign or inscription that it is incorporated in a good and that it is not its established description by the Technical rules of the field that it belongs to in terms of definition, material, variety or origin, can be potentially a Trademark and as such should be analyzed.
The right to a Trademark is only achieved through its Filing for Registration; the mere use of a Trademark does not grant any right of exclusivity or even the right for the continuation of its use, against the Filing for Registration of another person.
- CLASSIFICATION OF THE TRADEMARKS IN ACCORDANCE WITH THEIR DESTINATION OR APPLICATION
The International Trademarks Nomenclator establishes a Classification of 45 Different Classes that include all the human activities; when each Trademark is applied for it must be associated to one or several Classes, in accordance to the goods of services that it is intended to be used.
If the Goods of Services of a Company require to be protected in more than one Class, it does not exist any limitation to the number of applied Classes, this freedom of choice is decisive for future actions, whenever over the Classes to which we renounce to file our Trademark, we will not be able to support a logic contestation when the Trademark is requested by a third person in those Classes not chosen by us.
It is convenient to make a previous Study in which in addition to classify our Trademark regarding its main or direct application we assess another related or indirect Application classes, with criteria such as:
- Related Classes regarding the good
- Related Classes by sales place
- Spreading and prestige of the Trademark
- Used Marketing budget
The final decision regarding the Classes to protect in each case arises of the conjunction between the Study of the desirable and of the available budget.
The possible LEGAL LIFE of a Trademark is unlimited, since it is granted for 10 years periods (since its application) with the possibility of successive renewals, that if they are made they maintain it in force and prevent its caducity.
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