Spanish Patent & Trademark Law Summary

1.1.1. Invention
A Patent is a title that recognises the right to exploit exclusively the invention, preventing others from fabrication, sale or utilization without consent of the patentee.
Patents are open to public knowledge.
A Patent gives the exclusive right for production, marketing and use of the invention
The Patent can refer to a new process, apparatus, product or an improvement of the same.
The duration of the Patent is twenty years starting from Filing Date.
Annuity maintenance fees start from Filing Date and are due from date of granting.

1.1.2. Utility Model
The Utility model requires less inventive step than the Invention.
It regards a new advantageous solution (e.g. new shape, new feature, etc.).
The device, instrument or tool should be characterized for its utility and practicality and not for its aesthetic appearance as happens in the industrial design.
The protection is similar to the Patent.
The duration is ten years from the Filing Date.
Annuity Fees are due for maintenance.

1.2. Models And Industrial designs
For aesthetic legal protection

1.2.1. Industrial model
An Industrial model gives an exclusive right to its patentee on the new shape or originality given to a product or tridimensional article.
In this case the protected creativity falls on the aesthetic aspect of the product.

1.2.2. Industrial design
AnIndustrial Design is similar to an Industrial Model but it is limited to bidimensional objects
Duration is ten years, renewable for another ten, subject to the payment of maintenance Official Fees.

1.3. Distinctive signs
Can be Trade names and Company Names.

1.3.1. Trademark
A Trademark is a title that grants the exclusive right to the use of an identification of a product or a service in the market.
Trademarks can be words or combination of words, images, figures, symbols, diagrams, letters, figures, tridimensional forms (envelopes, packages, forms of the product or its representation).

1.3.2. Trade name
A Commercial name is a title that grants the exclusive right to the utilization of any sign or denomination like an identifier of a physical or juridical person in the exercise of their activity.
The trade names, E.g. titles of industrial property, are independent of the names of the companies registered in trade registers.

1.3.3. Firm name
A Firm name is a title that grants the exclusive right to the use of an identification of a commercial establishment in a determined territory.
Firm names can be the family names of a person, companies, fantasy names, descriptive names, anagrams, etc.
The duration is ten years starting from the Filing Date and can be renewed indefinitely.
Payment of quinquennial official maintenance fees are due.