Trademark Registration and Protection

At PADIMA, we assist you in the registration, monitoring and enforcement of your trademark and/or trade name, enabling you to operate with confidence in any market. We manage filings in Spain (Spanish Patent and Trademark Office – OEPM), at European Union level (EUIPO), and before trademark offices worldwide, helping you maximize the value of your business from a global and strategic perspective.

Because a trademark is not just a name or a logo: it is reputation, differentiation, and an asset that can grow with you through licensing, franchising, expansion, and investment.

What are trademarks and trade names?

A trademark is the sign used to distinguish your products or services from those of others (for example, a product name, a logo, or a combination of both). A trade name is the sign that identifies your company in the course of trade and differentiates it from other companies carrying out identical or similar activities.

Trademark, trade name, and company name: they are not the same thing

• Company name: the company’s “legal” name as recorded with the Commercial Registry.
• Trade name: how your company is identified in the market.
• Trademark: how your goods and/or services are identified.

In practice, many companies require more than one registration to properly reflect their commercial reality (for example, a trademark for products and a trade name for the business activity itself).

Why is it important to protect your trademark?

• Effective exclusivity of use: registration strengthens your ability to act decisively against copies, imitations and opportunistic uses.
• Avoid confusion and loss of sales: when a third party uses a similar sign, the damage is often twofold—lost revenue and harm to reputation.
• Competitive advantage and brand consistency: you build a recognizable and enforceable asset, particularly important in crowded or highly competitive markets.
• Legal protection against infringement: registration facilitates and accelerates enforcement actions against unauthorized uses, both offline and online.
• Economic value: a registered trademark is an intangible asset that can be licensed, franchised, sold or contributed as part of corporate transactions.
• A shield for growth: if you plan to expand internationally, early registration helps prevent the “reservation effect” (where third parties secure rights in key territories ahead of you).

Types of trademarks

According to the form of the sign (what you register)

• Word mark: refers to trademarks consisting exclusively of words, letters or numerals presented in standard typefaces, without any specific design, stylization or added colour.
• Figurative mark: covers signs made up of words, letters or numerals displayed in a non‑standard style, design or layout, with or without graphic elements or colours, as well as signs composed exclusively of figurative elements.
• Three-dimensional mark: includes trademarks represented by a three‑dimensional shape, such as packaging, containers or the shape of the product itself.
• Position mark: refers to signs characterized by the specific manner in which the mark is positioned or affixed to the product.
• Pattern mark: comprises signs consisting exclusively of a set of elements that are repeated regularly.
• Colour mark: includes trademarks consisting solely of a single colour without contours, or of a combination of colours, also without contours.
• Sound mark: covers trademarks composed exclusively of a sound or a sequence of sounds.
• Motion mark: refers to trademarks based on movement or a change in the position of the elements forming the sign.
• Multimedia mark: refers to trademarks created through the simultaneous combination of image and sound.
• Hologram mark: includes trademarks incorporating elements with holographic characteristics.
• Other: covers any distinctive sign that cannot be classified within the previous categories.

According to the territorial scope (the strategic decision)

• Spain (national trademark).
• European Union (a single application with effect throughout the EU).
• International (a country-by-country strategy and/or via international systems, depending on the case).

Requirements for obtaining a trade name or trademark

For an application to have strong prospects of success (and for the registration to be truly enforceable), the following points should be met:

• Distinctiveness: the sign must not be generic or purely descriptive of the products or services offered (this is a frequent source of refusal and later disputes).
• Registrability (absence of “absolute grounds”): avoiding misleading signs, signs contrary to law or public order, or signs limited to elements that are customary in the relevant sector.
• No conflict with prior rights: this is a key factor—earlier similar trademarks or trade names, and in some cases other prior rights depending on the context. This is why a prior clearance search makes a critical difference.
• Careful selection of goods and services: registration is carried out by classes (Nice Classification). The goal is not to “file in many classes”, but to properly cover your current activities and foreseeable future developments, without leaving gaps or unnecessary exposure.
• Use and maintenance strategy: a strong trademark is not just one that is “granted”. It must be used, monitored and renewed on time. Otherwise, it becomes vulnerable and loses strength.

How we protect your trademark at PADIMA

1) Diagnosis and strategy (before filing anything)

We take a hands‑on approach with you to determine:

• What you need to protect (a trademark, a trade name, or both).
• The relevant territories.
• Your growth horizon (online business, franchising, international expansion, etc.).

2) Viability assessment and clearance search

We analyse the risk of refusals and conflicts by assessing:

• Relevant similarities.
• Applicable classes.
• The suitability of the sign.
• And viable alternatives where necessary, in any jurisdiction worldwide.

3) Drafting the application

This is where many battles are won—or lost:

• We define a robust list of goods and services.
• We select the most appropriate type of trademark (word mark, figurative mark, etc.).
• We prepare the application with the aim of minimizing objections.

4) End‑to‑end prosecution: OEPM / EUIPO / International offices

We handle the entire procedure from start to finish:

• Trademark registration in Spain and the EU: we manage the full trademark registration process at national and European level, including maintenance and monitoring throughout the 10‑year term until renewal. We also notify you of new applications that may affect your rights.
• Foreign and international trademark registration: we support your brand’s global expansion by managing its registration and protection in any country worldwide. We carry out a prior assessment of the trademark landscape in the territories of interest in order to design an international protection strategy tailored to your business needs and growth plans.

5) Oppositions and enforcement

• If a third-party files an opposition, we design the strategy and defend your application.
• If we detect a third‑party registration that may harm your interests, we help you take timely action.

6) Online monitoring and enforcement

We monitor unauthorized online uses to detect:

• Imitations.
• Impersonations.
• Potential counterfeiting or unauthorized uses.

7) Maintenance and value creation

• Renewal management.
• Audit of your trademark portfolio.
• Structure and criteria to turn your portfolio into a genuine business asset.

8) Worldwide trademark monitoring

We actively monitor new trademark filings at national and international level to identify potential conflicts. Administrative monitoring is the fastest, most efficient and most cost‑effective way to oppose registrations that may negatively impact your interests.