Spanish Company Registration and IP Protection

Steps for Company Registration in Spain

Case 3 - Registered Process:

1. Receive certification of uniqueness of the intended company name from the Mercantile Register.
2. Open a bank account for the company, deposit capital in the bank, and obtain the deposit certificate.
3. File the Single Electronic Form (DUE) and make an appointment with a notary.
4. Obtain the registered public deed of incorporation of the company and the Fiscal Identification Number (NIF).

Protecting Industrial and Intellectual Property

The company is going to produce a specific product. Before it starts its activity, the partners of the company have registered it in the Mercantile Register with a social name. If the company distributes the product in Spain, it will have to protect it only at the Spanish level. To protect this product and the company (X, S.L.), it is going to use: a commercial name, trademarks, designs, patents, and utility models.

Commercial Names

Within intellectual property and industrial property, the commercial name is the sign that identifies the company. Before X, S.L. starts to produce, it has to protect the company and the product with a commercial name. Any person who uses the commercial name of another may be liable for damages under the Ley de Patentes y Marcas (Articles 87-91), similar to the protection for brands like "Zara".

Trademarks

Trademarks are useful to promote the sale of your products or your services. When the mark is chosen, it should be applied for at the Spanish Patent and Trademark Office to ensure that the sign is free. Any natural or legal person may apply for registration in the Oficina Española de Patentes y Marcas (OEPM). The protection obtained with a trademark extends to the entire national territory, but it is also possible to obtain international trademark protection.

Industrial Design

Design protection is used to protect the shape and how the product looks (for example, Apple). The reasons to protect a design are: it generates value in the product, gives exclusive rights, generates image, and covers many sectors. Protection in Spain is obtained in several ways; the most relevant is the national design where the request is made following the requirements established by the Ley de Diseño Industrial.

Patents and Utility Models

Before X, S.L. starts to produce and distribute the product, it has to protect the company and the product with a patent because our product is an innovation and we do not want anybody to copy it. It is necessary to register it in the Oficina Española de Patentes y Marcas. A patent offers worldwide protection, involves higher costs, a long registration process, and provides 20 years of protection.

A utility model provides 10 years of protection and is valid only in Spain. It is almost the same as a patent but for less complex inventions.

Legal Jurisdiction

If X, S.L. has any problem with the commercial name, trademark, design, patent, or utility model of our product, we will have to go to the courts of justice in Spain.