The value of a brand and why it matters from day one

Starting a business venture involves making key decisions in an uncertain environment: how to attract your first customers? How to position a product against the competition? How to build an identity that leaves a mark on the market? In this context, the value of a fundamental asset: the brand, is often underestimated.

A brand is much more than a name or a logo. It's the gateway to your business, the way the market identifies you and differentiates you from others. It's a symbol that communicates confidence, personality, and professionalism. And while its importance is evident, many entrepreneurs forget the basics: protect her legally from the beginning.

In Spain, and in most European countries, The right to a trademark is not acquired by its use, but by its registrationThis means you can use a name for years and still not have rights to it. Even worse: someone could register it before you and force you to stop using it, even if you already have a reputation in the market.

In this guide, we explain step by step how to register a trademark in Spain, what you can register, how much it costs, the benefits, and the risks you run if you don't. The goal is to give you a clear and comprehensive overview so you can make informed decisions and protect one of your business's most important assets.

What is a trademark? Concept, characteristics, and types

From a legal point of view, a trademark is Any sign capable of graphic or visual representation that serves to distinguish the products or services of one company from those of others in the market.This is stated in Law 17/2001 on Trademarks and Regulation (EU) 2017/1001 on the European Union trademark.

Types of trademarks that can be registered:

• Wordmarks: consist solely of words, letters or numbers without graphic elements.
• Graphic marks: They are composed of visual elements (logos, symbols).
• Mixed brands: combine text and graphic elements.
• Three-dimensional marks: such as the shape of a product or container.
• Sound marks: sounds that commercially identify a product.
• Color marks: specific color combinations that distinguish the holder.

In addition, there are other related figures, such as the trade name (identifies the business activity) or the domain name (digital identity), which can coexist but do not replace trademark registration.

For a trademark to be valid, it must meet certain requirements: it must be distinctive, non-descriptive, not misleading, and not contrary to public policy. It also cannot be identical to already registered trademarks, which makes it essential to conduct prior searches before filing an application.

In short, registering a trademark legally establishes the visual, verbal, or audio identity you're building. Failing to do so leaves one of your company's pillars unprotected.

Why register a trademark? Legal, strategic, and economic benefits

Registering your trademark isn't just an administrative act. It's a strategic decision that strengthens your market position, protects you legally, and adds tangible value to your business. The benefits are numerous:

1. Exclusive right of use

You have the legal right to exclusively use that trademark in the territory and class where it's registered. No other competitor may use the same or similar trademark for the same products or services.

2. Legal action against third parties

With registration, you can oppose new similar registrations, report misuse, or initiate unfair competition lawsuits. A registered trademark provides legal evidence in court and out-of-court negotiations.

3. Market value and monetization

A registered trademark can be licensed, assigned, or franchised. It becomes a intangible asset economically valuable, key in investment rounds, mergers or company sales.

4. Confidence for growth

It allows you to plan national or international expansion, register domains and social networks without conflicts, and protect yourself against imitations or "brand hijackers."

5. Competitive advantage

In a saturated market, having your identity protected provides professionalism, solidity, and security in the eyes of clients, investors, and collaborators.

Registering your trademark protects your reputation and positioning. It turns an idea into a right.

Who does trademark registration protect and when should it be done?

Protecting a registered trademark directly benefits your business. holder, whether an individual (self-employed, creator, freelancer) or legal entity (company, cooperative, association). The registered owner holds the exclusive legal rights to use, reproduce, license, transfer, and defend against third parties.

When to register a trademark?

The short answer is: as soon as possibleIdeally, before launching your business publicly. Many entrepreneurs make the mistake of waiting until they have visibility or revenue to invest in registration, but that wait can be very costly. The first legitimate applicant is the one who obtains the right, regardless of who has used it before.

In today's digital world, where a name goes viral in days, the urgency is even greater. A trademark you think "no one cares about" today may be attractive to others tomorrow. Furthermore, the longer it goes unregistered, the greater the investment required in the event of a subsequent legal dispute.

What happens if there are multiple holders?

A trademark can be registered with joint ownership, that is, several partners who share rights. This must be made clear in the bylaws or agreements, as management, licensing, and renewals must be done by mutual agreement.

Individual entrepreneurs and startups

Even if you don't have a registered business, you can apply in your own name as an individual. You can then give it to your company when you set it up. This is common in projects that begin informally or before formalizing a limited company.

Ultimately, registering your trademark is a step that protects you legally and reinforces the professionalism of your project from the very beginning. Failing to do so in time can mean losing something much more valuable than the fee.

How to register a trademark in Spain? Step-by-step process with the Spanish OEPM

The body responsible for the registration of trademarks in Spain is the Spanish Patent and Trademark Office (OEPM)The process is simple, but it's important to follow it carefully to avoid mistakes. These are the steps:

Pre-search

Before applying for registration, it's a good idea to conduct a search in the SPTO database to ensure there are no identical or similar trademarks in your category of products or services. This reduces the risk of opposition.

Classification of products/services

The trademark is registered in one or more classes of the Nice International Gazetteer, which groups together all commercial goods and services. For example, Class 25 includes clothing, Class 35 commercial services, Class 41 training, etc.

Application submission

You can do it:

• On-line, with digital certificate.
• In person, in the offices of the OEPM or territorial registries.

The following must be provided: name of the applicant, sign to be registered (name, logo), types, and pay the corresponding fee.

Formal exam

The OEPM checks that the trademark meets legal requirements (distinctiveness, legality, etc.). If it detects defects, you can correct them within the deadline.

Publication in the BOPI

Once admitted for processing, it is published in the Official Gazette of Industrial Property (BOPI)This allows third parties to object for two months if they believe it violates their prior rights.

Opposition

If there are objections, an adversarial procedure is opened. You can file objections, negotiate, or modify your trademark. The OEPM will decide whether to proceed.

Grant and certificate

If there is no opposition (or the ruling is in your favor), the trademark is granted. An official certificate is issued granting you renewable rights for 10 years.

Costs, fees and duration of registration

One of the most frequently asked questions by entrepreneurs is: How much does it cost to register a trademark in Spain? The good news is that registration is a relatively affordable investment, especially when compared to the benefits it offers and the risks it avoids.

Official registration costs

As of 2025, the official rates established by the OEPM are:

• 125 € for the application of a trademark in a class (if submitted online, with a 15 % discount applied).
• 81 € for each additional class.
• If submitted on paper, the fee is 150 €.

Therefore, a trademark registered in two classes would have a total cost of 206 € if submitted electronically.

Additional costs to take into account

• Renewal: You must renew your registration every 10 years. The renewal cost is similar to the initial registration.
• Opposition or legal defenseIf your application is opposed, you may need legal advice, with varying costs.
• Trademark surveillance (optional): There are companies or offices that offer services to detect similar records. Its price varies depending on coverage and frequency.

Duration and validity of the registration

A granted trademark has a validity of 10 years, counted from the date of application submission (not from the date of grant). It may be renewed indefinitely for successive 10-year periods.

Renewal must be requested during the six months prior to maturityIt is also possible to renew it within the following six months, for a surcharge.

International registration

If you plan to operate outside of Spain, you can extend protection at the European level (through the EUIPO) or internationally (via the WIPO), with additional costs and procedures. You can also register directly in each country, depending on your strategic interest.

In short, registering your trademark costs less than you imagine, and the return in the form of legal security, commercial value, and brand positioning is far greater.

Risks of not registering a trademark: real consequences

Not registering your trademark may seem harmless at first. But, over time, it can become one of the biggest strategic mistakes an entrepreneur can make. Failure to register exposes your business identity to a number of threats. legal and economic risks serious.

Loss of name or identity

The most serious consequence is that someone else can register your trademark before you, even if you've been using it for years. Legally, the right to it belongs to the first person who registers it. You may be forced to stop using it, redesign your visual identity, and lose all your marketing and positioning investment.

Confusion with other brands

If your trademark resembles another registered trademark, you could receive a notice of cessation or even be sued for trademark infringement or unfair competition. Penalties include compensation, product recall, closure of social networks or loss of web domain.

Inability to defend your brand

If not registered, you cannot act legally effectivelyNeither against plagiarism nor against misappropriation. Nor will you be able to oppose third-party registration or defend your business reputation.

Lower value for investors or partners

An unregistered trademark It is not a recognizable or valuable assetIn an investment round, company acquisition, or strategic collaboration, this can diminish your credibility or market value.

Real cases

• Startups forced to change their names after receiving opposition from major brands.
• Projects blocked because someone else registered an identical domain or trademark.
• Established companies that lost international presence due to not registering in time.

Registering your trademark means avoiding all of this. It means protecting years of effort and thousands of euros invested in your image and reputation.

Advanced Tips: Quests, Classes, Surveillance, and Upgrades

Registering a trademark is not just about filing an application. It is also manage its life cycle and ensure your trademark remains valid, protected, and conflict-free. Here we share best practices and tips that make a difference.

Do an exhaustive search

Before registering, go to the OEPM database (or consult a professional) to search similar brands already registered in your same class. Examine:

• Identical markings.
• Phonetically or graphically similar brands.
• Brands in related sectors.

This reduces the risk of opposition and improves the chances of success.

Choose your Nice classes wisely

The Nice Classification groups all economic activities into 45 classes. Make sure you register your trademark in those classes that you really need now or in the short termThere's no point in registering a trademark in sectors where you don't operate.

Example: if you sell cosmetic products (Class 3), and you also teach aesthetics courses (Class 41), you need both.

Use your brand regularly

If you do not use the registered trademark for five consecutive years, any third party can request its expiration due to non-useMake sure your brand appears on invoices, products, advertising, or contracts.

Activate a trademark watch

There are professional services that detect applications for new trademarks similar to yours. This allows you to file a timely opposition and protect your trademark from future confusion or plagiarism.

Plan your renovation ahead of time

Trademarks are renewed every 10 years. You can renew it from six months before its expiration, without providing proof of use. If you don't renew it on time, it automatically expires, and someone else can register it.

Active management of your brand—beyond the initial registration—is what truly protects your business over the long term.

Frequently Asked Questions (FAQs)

Can I register a trademark without having a company established?
Yes. You can do this as an individual and later transfer it to your company when you establish it.

Does my business name protect me as a trademark?
Not necessarily. A trade name identifies a company, but it doesn't grant rights to the distinctive signs that identify products or services.

What happens if someone else uses my trademark without registering it?
If you have your trademark registered, you can take legal action. If not, you'll have to prove prior use, which is more complex.

Can I register the same trademark for different products?
Yes, you must include all relevant classes. The same trademark can have multiple registrations in different classes.

How long does it take to obtain a trademark registration?
Between 6 and 10 months if there are no objections. With an objection, the process can take more than a year.

Can I register a trademark already registered in another country?
Yes, as long as it's available in Spain. But keep in mind that conflicts may arise if the trademark is famous or well-known in the EU.

Can I sell a registered trademark?
Yes. Trademarks are transferable assets. You can assign it, sell it or license its use.

Protect your identity before it's too late

Registering a trademark is one of those steps that seems secondary when you start, but is essential in the medium and long term. It means protecting your business identity, your reputation, and your growth. It's also a right you can only exercise if you act in a timely manner.

A brand isn't just a legal formality: it's part of your company's soul. It's what your customers remember, what makes you unique, and what can open doors for you in new markets or with investors.

For an affordable investment and with an increasingly accessible process, you obtain a solid, exclusive, and lasting legal right. Failure to register your trademark in time can cost you much more than the initial fee: it can cost you your project's name, your positioning, and your reputation.

If you're just starting out or if your brand already has visibility, now's the time to protect it. Ilcoworking We know that every step counts when you start a business. That's why we have a partner specializing in legal and tax advice, Acountax, which can help you successfully register your trademark and resolve any questions related to industrial property. From the preliminary search to legal defense or renewal, its team of experts is prepared to guide you throughout the entire process.

Make your brand a strength, not a vulnerability. Register it. Protect it. Boost your business with legal security.