POWER OF ATTORNEY

A power of attorney form, signed by the applicant/owner or its legal representative is always necessary when we act for the first time on a file at the Spanish Patent and Trademark Office. If the applicant/owner is a corporate body, the name and the capacity of the signatory must be specified. No legalization of the signature is required. Only for Spanish trademarks and tradenames, general powers of attorney are accepted by the Spanish Patent and Trademark Office. Here, you can download forms for steps to be taken at the Spanish Patent and Trademark Office.

For cases of Community trademark and design applications, oppositions, appeals and invalidity actions, special power of attorney forms may be used, although they are not required by the OHIM.


DETAILS OF THE APPLICANT/OWNER

Name, address and citizenship of the applicant/owner. If the applicant/owner is a private person, the number of any official personal document (identity card, driving license, passport or other identifying document) is also required.

PRIORITY

Date, number and country of the basic application(s). For each priority claimed a priority document (which can be belatedly filed) is to be lodged at the Spanish Patent and Trademark Office or at the OHIM, in case of Community trademark and design applications. If two or more priorities are claimed in a patent or utility model application, the Spanish claims covered by each priority are to be specified.

PRIORITY RIGHT ASSIGNMENT

If rights from a basic application are claimed (for instance, the priority rights from a foreign application) and the applicant of the new file is not the applicant of the claimed one, an assignment document of said rights, signed by the original applicant (no legalization required), is to be filed.

LANGUAGE

All documents to be examined by the Spanish Patent and Trademark Office are to be filed in or translated into Spanish.

The priority documents are also to be translated into Spanish. The quoting, in priority documents, of passages identical to passages of, for instance, the text furnished for preparing the Spanish specification (in case of patents and utility models), saves translation charges.

In the case of Community Trademarks and Designs, at least one of the five "official" languages (English, French, German, Italian and Spanish) must be indicated as the procedural one in case of oppositions or invalidity actions.