OBJECT

Any signs that can be graphically represented that identify a company in trading business and which are useful for distinguishing it from other companies undertaking identical or similar business can be registered as a Trade Name.

The duration is ten years from the date of application. This period can be extended for similar periods on payment of the relevant renewal rates.

Generic signs, those who have been issued as a Trademark or Trade name (if opposition was filed) as well as those which lack a distinctive nature cannot be registered as Trade Names.

PROCEDURE

After making the prior search, which we recommend, an application for Community Trade Name goes through the following registration process:

• Submitting the application
• Formal examination
• Publication in the Official Bulletin of Industrial Property "Boletín Oficial de la Propiedad Industrial" with a call for any possible opposition within a period of two months
• If there are no oppositions, registration is granted
• Issue of the corresponding Register Certificate

An opposition procedure involves bringing allegations by the opponent with the right of rejoinder by the applicant prior to the register decision.

Any resolution can be challenged by an administrative appeal and before the Courts of Justice.

A trade name is applied for under one or more classes of the Nice Classification.

Similar Trade Names registered for distinguishing different products or services can be compatible.

REQUISITES

The requisites for applying for the registration of a Trade Name in Spain are as follows:

• Details of the Applicant(s) (name, address, nationality)
• Denomination and/or design of the trademark to be registered
• Products and/or services over which protection is being applied for
• Power of attorney form , signed by the applicant. This is not necessary when we already have a general empowerment accredited at the Spanish Patents and Trademarks Office
• Name and post of the person signing the power of attorney