Contracting Party of the Paris Convention: YES.
Contracting Party of the Madrid System: NO.
Trade Mark Law in force:
Law 35 dated 10 May 1996, modified by Law 61 dated 5 October 2012.
Nice classification, 10th edition.
Registrable trade marks:
Distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, colours, combinations or shades of colours, three-dimensionalforms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs as well as sound, smell and taste marks.
Formal filing requirements:
- Power of Attorney merely signed (no legalization and no notarization required) within 2 months from application date. If POA is not filed along with the application, it will be necessary to post a bond to obtain a period of two months for filing the POA.
- Certified copy of the priority application and its translation into Spanish within 6 months from the application date.
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
2 months counting from the publication.
Average time from filing to grant:
Approximately 12 months, unless any obstacles were raised.
Term of protection:
10 years from the application date.
YES. Cancellation can be requested if the trade mark has not been used for 5 years, counting from the registration date. Partial cancellation is possible.
1 year prior to renewal date.
Grace period: 6 months.
Link to Trade Mark Office: