Relevant organizations in Spain for trademark protection

Provide a list of local organizations active in your jurisdiction (including a brief description of their activities and information about their websites) and how they are most useful for trademark protection.

OEPM/SPTO (Oficina Española de patentes y marcas/ Spanish Patent and Trademark Office)]: Main authority in Spain entrusted with the registration and protection of trademarks, patents, industrial designs and other IP rights: Welcome to the Spanish Patent and Trademark Office, A.B. – Inicio (oepm.es)

EUIPO (European Union Intellectual Property Office): Manages the registration and protection of EU trademarks and designs, in all member countries of the EU under a single registration. It plays a crucial role at the European level and its decisions have a direct impact in Spain: Home – EUIPO (europa.eu).

WIPO (World Intellectual Property Organization): The WIPO is relevant for the protection of international trademarks through the Madrid System, although not specific for Spain, Spain is member and participates in the Madrid System: WIPO – World Intellectual Property Organization

COAPI (Association of Industrial Property Agents): It brings together all IP registered agents in Spain, professionals who advise on and manage the protection of IP rights, being their appointment mandatory for foreign applicants/owners not established in a member state of the EU for many of the proceedings before the SPTO: COAPI – Colegio de Agentes de la Propiedad Industrial

ANDEMA (Association for the Defense of Trademarks): Works in the protection and defense of Spanish trademarks, promoting awareness and the fight against counterfeiting: Andema, la voz de las marcas

AMRE (Spanish Association of Reputed Brands): Promotes and defends the interests of well-known and reputed Spanish brands at international level, improving the protection and valuation of these brands in global markets: Inicio – Foro de Marcas Renombradas Españolas

AUTOCONTROL (Association for the Self-Regulation of Commercial Communication): Although more focused on advertising, AUTOCONTROL plays a key role in TM protection by ensuring that advertising programs and campaigns comply with regulations and do not infringe IP rights.: AUTOCONTROL – Autorregulación de la industria publicitaria en España

FIAB (Spanish Federation of Food and Drink Industries): Represents the interests of companies in the food and beverage sector, including the protection of their trademarks and the fight against counterfeiting: https://fiab.es/

CEOE (Spanish Confederation of Business Organizations): It is a representative organization for Spanish companies, defending their interests and providing a forum for dialogue between shareholders, government and other interested parties. Through its IP Commission, the CEOE works to promote and defend IP rights of Spanish companies: https://www.ceoe.es/es

AEBRAND (Spanish Association of Branding Companies): It brings together companies engaged in branding and focuses on the promotion and protection of trademarks as essential assets for companies: https://aebrand.org/

ANDEMAR (National Association for the Defense of the Registered Trademark): Focused on trademark defense and the fight against unfair competition and counterfeiting at national and international level.: https://andemar.es/

ADEPI (Association for the Development of Intellectual Property): Encompasses different organizations and professionals in the IP field, including specialized lawyers, trademark and copyright experts, and company representatives. Working for the promotion and protection of IP rights in Spain: https://adepi.net/

INCIBE (National Institute of Cybersecurity): Official entity in charge of the prevention of fraud, fraudulent websites, and cybercrime. https://www.incibe.es/

Guardia Civil y Policía Nacional/ Civil Guard and National Police: As part of the state security forces, these two Spanish bodies actively participate in the fight against counterfeiting and unauthorized use of trademarks, cooperating with other entities and carrying out operations to prevent the infringement of IP rights: https://www.policia.es/_es/index.php#; https://www.guardiacivil.es/es/institucional/Conocenos/especialidades/gdt/index.html

Chambers of Commerce: Although Chambers of Commerce are not primarily organizations dedicated to trademark protection, they do play a complementary role in providing advisory and support services to businesses in this area, especially in the broader context of promoting trade and business competitiveness. They can provide IP-related services and resources, including trademarks, especially in terms of business counseling and foreign trade promotion:  https://www.camara.es/

AIPPI España (Spanish Association of Lawyers Specializing in Intellectual and Industrial Property): Being part of the international AIPPI, this association brings together lawyers and professionals working on the protection of IP rights with a broad focus on the protection of IP rights: https://www.aippi.es/

ECTA (European Communities Trademark Association): It acts as a Forum for professionals focused mainly on the field of trademarks and designs in Europe. A major objective is to promote an efficient and coherent system throughout Europe: https://ecta.org/

MARQUES (Association of European Trademark Owners): Association representing trademark owners and IP professionals, focused on the European context. The mission is to promote and improve the protection and management of trademarks in Europe and elsewhere, as well as to foster collaboration and expertise exchange among its members: https://marques.org/

INTA (International Trademark Association): Global non-profit organization that brings together trademark owners, trademark law professionals and other intellectual property stakeholders around the world: https://www.inta.org/

In Spain, most of both public and private organizations play crucial roles in the realm of IP and, in particular, regarding brand protection, in different ways. These include, among other, the registration and protection of IP rights, enforcement procedures against infringement, and offering educational seminars and training programs. These institutions work collaboratively to ensure strong defence mechanisms for IP, providing comprehensive support to rights holders and fostering an environment that promotes innovation and fair competition.

More specific examples can also be mentioned. Entities such as ANDEMA or the various Chambers of Commerce, issue certificates of reputation for trademarks that substantiate their claim before these entities with appropriate evidence. The validity and significance of these certificates are highly regarded by the SPTO, the EUIPO, or the Courts when assessing the reputation of a sign.

Entities like MARQUES or ECTA act as Amicus curiae in cutting edge legal proceedings and may offer arguments, provide specialized information, or share viewpoints that could benefit brand owner and ultimately the Court when issuing decisions on matters related to IP. Although they are not direct parties to the litigation, their involvement can be essential for the court proceeding and ensuring fairness and justice in the outcome of the litigation.

INCIBE is an official entity responsible for cybercrimes, to which the existence of fraudulent websites ca be reported. It has a specific section called the “Internet User Security Office” (OSI), which is dedicated to helping users protect themselves against online threats, including the option to report websites used to commit fraud (including the sale of counterfeits).

Concerning EUIPO, their Enforcement Authority is responsible for ensuring the enforcement of intellectual property rights across the European Union. This includes overseeing and coordinating actions to combat counterfeiting, piracy, and other infringements of trademarks and designs. The authority works closely with national Customs and other enforcement authorities, rights holders, and other stakeholders to enforce IP rights effectively and protect businesses from infringement.

These are some of the specific examples of entities helping with the awareness and enforcement of IP in Spain.