Registering a trademark means your business name or logo is protected in your favour and nobody else can use it to sell the same kind of product. If you sell through an online store or on Amazon, it is one of the cheapest and most useful decisions you can make. In Spain it is filed with the Spanish Patent and Trademark Office (OEPM), and the first question is always the same: should you register the name, the logo or both?
The three types of trademark, without the jargon
Word mark. Protects only the name, meaning the words. It does not matter whether you write it in capitals, italics or another font: the name is protected. It is the most flexible, because changing your logo does not require a new registration. It is the usual choice when starting out.
Figurative (logo) mark. Protects only the drawing or symbol, with no words. It makes sense when your image is recognised without text, like an app icon. If your logo includes the written name, another option usually fits better.
Combined mark. Protects the name and the logo together, exactly as you use them. It suits owners whose visual identity is final and who want to protect all of it. Its limit is that it protects that specific combination: if you redesign the logo later, register the new version.
Which one to choose if you sell online or on Amazon
- You want the essentials at a low cost: a word mark covers the most valuable thing, the name people search for.
- Your logo is your identity: a combined mark protects name and logo in a single registration.
- You want maximum coverage: some businesses register the name and the logo separately, with two applications.
If in doubt, a prior search for similar marks usually settles it: there is no point registering a name that clashes with an existing one.
Steps to register a trademark in Spain
- Prior search: check there are no identical or very similar marks in your classes.
- Choosing the type and the classes: Nice classes group the goods and services you want to protect; each class is paid separately.
- Filing at the OEPM with the official fee per class, on top of handling.
- Publication and oppositions: once published, third parties have a period to oppose.
- Grant: it usually takes several months if there are no problems, and the mark lasts 10 years, renewable.
Registered trademark and Amazon
To join Amazon Brand Registry, the platform requires a registered or pending trademark in the relevant country. Having one gives you more control over your product listings and tools against copycats, and it is also the starting point if you want to grow into other countries. If you already sell through a company, the trademark owner should be the same entity that sells, as discussed in our accountant for Amazon sellers guide.
How much trademark registration costs with Data Biz
Our trademark registration handling starts at €70. It includes the prior search, help choosing the type of mark and classes, filing the application and following the case. The OEPM also charges an official fee per class. You can see the full service on our trademark page or write to us through the contact page.
What cannot be registered as a trademark
Not every name can be registered. The OEPM refuses or may refuse signs that directly describe the product (for example, “Shoes” to sell shoes), generic terms, signs that mislead about origin or quality, signs identical or very similar to an earlier mark, and signs using official symbols. A distinctive, invented or suggestive name registers far better than a descriptive one.
OEPM, EU trademark or international mark: where to register
- Spanish trademark (OEPM): protects in Spain. It is the quickest and cheapest way to start selling in the Spanish market.
- EU trademark (EUIPO): protects in all EU countries with a single application, and fits if you will sell in several European markets.
- International mark: extends protection to other countries on the basis of a home mark.
If you only plan to sell in Spain, a Spanish trademark is usually enough. If you will sell on Amazon in several European countries, an EU trademark is worth considering.
Common mistakes when registering a trademark
- Skipping the prior search and finding out later that the name is already used in your classes.
- Choosing the wrong classes: if what you sell is not covered, the protection does not reach it.
- Registering in someone else’s name or in an entity other than the one that sells; sorting it out later is costly.
- Waiting for success: copies appear when the brand works, and that is when a conflict costs most.
- Forgetting renewal at ten years.
What you can do once you file
Once filed you can use your mark and say it is pending. The ® symbol is reserved for granted marks, so avoid it in the meantime. To fit this into your ecommerce structure, start from the Data Biz home page and our VAT and accountant guides for sellers.
Cheap trademark registration: how to save without risk
If you want a cheap trademark registration, the real saving is not skipping steps but avoiding paying twice. Run the prior search before filing, so you do not pay for an application that will be refused or opposed. Start with a word mark if the name is what matters. Protect only the classes you actually sell in. And register in the name of the entity that sells, so you do not have to fix it later. That keeps the registration both cheap and solid.
Frequently asked questions about trademark registrationFrequently asked questions about trademark registration
Is it better to register the name or the logo? To start, the name, because it protects you even if your branding changes. If the logo is key, a combined mark protects both.
How long does a registered trademark last? Ten years from filing, renewable in ten-year periods.
Do I need a trademark to sell on Amazon? Not to open a seller account, but you do need one to access Amazon Brand Registry.
Can I register a trademark if I live in another country? Yes, a person or company outside Spain can register a Spanish trademark; its territory is Spain, and for other countries you must register there or through the EU or international route.
This guide is informational and does not replace advice from an industrial property agent.
Also read: trademark for Amazon Brand Registry and Spanish or EU trademark.