When starting business operations in Spain, companies often focus primarily on matters such as company incorporation, taxation, employment issues, and the licenses and permits required for their activity. However, the adequate protection of intellectual and industrial property rights is another important area that should be considered.
According to the 2025 statistics published by the Spanish Patent and Trademark Office (“Oficina Española de Patentes y Marcas” or “OEPM”), patent applications in Spain increased by approximately 12% compared with the previous year, utility model applications by 8%, trademark applications by 11.5%, and industrial design applications by 14.8%. In particular, trademark applications reached 57,158, the highest figure recorded in the past ten years.
However, adequately protecting intellectual and industrial property rights in Spain requires more than simply considering the Spanish national system. Before commencing business operations, companies should assess the most appropriate geographical scope of protection, taking into account not only Spanish law but also European Union systems and international registration mechanisms.
- Rights registered in another country are not necessarily protected in Spain
One of the first points to bear in mind is that intellectual and industrial property rights are, as a general rule, linked to the country or territory in which the relevant protection has been obtained.
For example, having a trademark registered in Japan does not mean that such registration automatically grants exclusive rights over the same trademark in Spain.
The main options for protecting a trademark in Spain include applying for a Spanish national trademark before the Spanish Patent and Trademark Office (OEPM) or applying for a European Union trademark before the European Union Intellectual Property Office (EUIPO). Once registered, a European Union trademark has effect throughout the European Union, including Spain.
The appropriate registration strategy will therefore also depend on the company’s business plans. The strategy may differ depending on whether the company intends to operate only in Spain or subsequently expand into other markets such as France, Germany or Italy.
- Company name and trademark protection
Another issue that can sometimes be overlooked when establishing a business in Spain is that a company’s corporate name and its trademark are separate concepts.
In Spain, a company’s corporate name, trademarks and trade names (“marca” / “nombre comercial”), and domain names are governed by different registration systems.
Accordingly, when a company decides to establish itself in Spain, it is advisable to check at least:
- whether its main trademarks have already been registered by third parties in Spain or the European Union;
- whether additional registrations are required for logos, product names or service names; and
- whether the necessary domain names, such as.es or .eu, are available.
This review is particularly important where a company enters the Spanish market through distributors, agents or other local business partners. In such cases, it is advisable to clarify the ownership and protection of trademark rights before formalising the contractual relationship with the local partner.
- Patents in the European Union and Spain
It is also important to bear in mind that European protection systems operate differently for trademarks and patents.
In the field of patents, the European patent system makes it possible to seek patent protection in multiple countries through a single application filed with the European Patent Office (EPO). Once a European patent has been granted, the necessary procedures can be completed for the patent to take effect in Spain. According to the OEPM, 23,295 European patents were validated in Spain in 2025.
In this context, particular attention should be paid to the Unitary Patent, a system that became operational in 2023.
The Unitary Patent makes it possible to obtain protection through a single patent across the countries participating in the system. However, Spain does not currently participate in the Unitary Patent system. Therefore, even if a company obtains protection through a Unitary Patent in countries such as Germany, France or Italy, this does not mean that the patent is also protected in Spain.
Where the Spanish market is relevant to the company, it is therefore necessary to consider separately how patent protection should be secured in Spain.
Final Considerations
The OEPM’s 2025 statistics show a general upward trend in applications for patents, trademarks and industrial designs in Spain. At the same time, intellectual and industrial property rights in Spain may be protected through various routes, including national applications before the OEPM, European patents, European Union trademarks and designs, as well as international mechanisms such as the PCT system and the Madrid System.
Accordingly, when planning to establish a business in Spain, companies should consider not only whether a particular product or service can be marketed in the Spanish market, but also how to adequately protect their trademarks, technology and know-how. This review should form part of the checks carried out before commencing business operations.
Satoshi Minami
Vilá Abogados
For more information, please contact:
va@vila.es
28th of August 2026