Lawyers specialising in intellectual and industrial property law in Spain
Intellectual and Industrial Property Law protects the creations, innovations and intangible assets that form part of the strategic value of any business or professional. It governs how trade marks, designs, patents, creative works, domain names and other elements that identify or distinguish a business in the market are acquired, exploited and protected.
This is a critical area for creators, artists, inventors and companies whose activities are based on innovation, corporate identity or content production, particularly when there is a need to register intangible assets, negotiate licences, defend rights against third parties or manage industrial property portfolios.
At BGI LAW, we offer specialist advice on the protection, management and defence of intellectual and industrial property rights. We analyse each asset from both a legal and commercial perspective, devise registration and protection strategies tailored to each sector, and take action against infringements through administrative, judicial or negotiated channels when violations occur.
The firm’s experience in intellectual and industrial property
From our offices in Marbella, Madrid and Vigo, we provide services to rights holders in sectors as diverse as technology, fashion, entertainment, the pharmaceutical industry, food and digital services. With over three decades of experience, we have developed the capacity to handle both registration procedures and complex litigation relating to infringements, unfair competition or disputes between rights holders.
Our membership of BGI Global strengthens our coordination of international protection strategies and facilitates the management of asset portfolios across multiple jurisdictions. We operate by combining technical expertise in registration regulations, up-to-date knowledge of case law and a commercial understanding of the value of intangible assets.
Intellectual and Industrial Property Law Services
Industrial Property
Intellectual Property
Competition and Asset Protection
Specialist services and intangible asset management
Trademarks and distinctive signs
- Application, appeal and renewal
- Surveillance and defence
- Trade names
Copyright
- Literary, artistic and musical works
- Moral and economic rights
- Registration and administration
Unfair competition
- Acts of confusion
- Exploiting the reputation of others
- Unlawful advertising
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Industrial design
- Design registration
- Copy protection
- Disclosure strategies
Audiovisual and software rights
- Audiovisual production
- Video game and software protection
- Technology rights management
Domain names and online reputation
- Domain recovery
- Cyber-employment
- Disputes before WIPO
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Patents and utility models
- National and European applications
- Patentability reports
- Infringement disputes
Contracts and licences
- Licences
- Transfers of rights
- Non-disclosure agreements (NDAs)
Trade secrets and litigation
- Protection of know-how
- Interim measures
- Court proceedings
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Trademarks and distinctive signs
- Application, appeal and renewal
- Surveillance and defence
- Trade names
Copyright
- Literary, artistic and musical works
- Moral and economic rights
- Registration and administration
Unfair competition
- Acts of confusion
- Exploiting the reputation of others
- Unlawful advertising
Industrial design
- Design registration
- Copy protection
- Disclosure strategies
Audiovisual and software rights
- Audiovisual production
- Video game and software protection
- Technology rights management
Domain names and online reputation
- Domain recovery
- Cyber-employment
- Disputes before WIPO
Patents and utility models
- National and European applications
- Patentability reports
- Infringement disputes
Contracts and licences
- Licences
- Transfers of rights
- Non-disclosure agreements (NDAs)
Trade secrets and litigation
- Protection of know-how
- Interim measures
- Court proceedings
Work methodology
1. Asset identification
Technical and legal characterisation of the right to protect or defend.
2. Feasibility analysis
Background checks, assessment of registrability and identification of potential conflicts.
3. Protection strategy
Registration with the relevant authorities or preparation of a defence against infringements.
4. Defence and surveillance
Market monitoring and immediate action in the event of detected breaches.
Frequently Asked Questions (FAQs)
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How long does it take to register a trade mark?
The processing time varies depending on the jurisdiction: national trade marks take between 6 and 12 months; European Union trade marks can take between 4 and 6 months if there are no oppositions.
Is it necessary to register a work in order to have copyright?
Copyright arises upon the creation of the work, but registration strengthens the evidence of authorship and date of creation vis-à-vis third parties.
What is the difference between a patent and a utility model?
Patents protect inventions involving an inventive step; utility models protect technical improvements of a lesser inventive nature, with a faster processing time.
Can you reclaim a web domain registered by a third party?
Yes, through procedures such as the UDRP or legal proceedings if there is bad faith or an infringement of prior trade mark rights.
What should we do if we spot a counterfeit version of our product?
We must investigate whether there has been an infringement of registered rights and consider options such as out-of-court demands, interim injunctions or claims for unfair competition.
What can be done if a trade mark has not been used for several years?
A request for revocation on the grounds of non-use may be made if five years have elapsed since registration without the trade mark having been put to effective use.
How do you protect an idea if it hasn’t been developed yet?
Ideas are not protected by law, but they can be safeguarded through confidentiality agreements and development documentation.
Can I register the design of a product that I am already selling?
Yes, provided that no more than 12 months have elapsed since their public disclosure, taking into account the grace period for Community designs.
What should I do if someone has registered a trade mark similar to mine?
It is possible to file an opposition, apply for a declaration of invalidity or negotiate coexistence agreements, depending on the likelihood of confusion.
What is the difference between a trade name and a trade mark?
A trade name identifies a company in commercial dealings; a trade mark distinguishes products or services. They are distinct concepts with separate protection.
Contact form
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