At the SPTO, we always recommend that before going to court, you contact the possible infringer by means of a reliable communication (burofax or equivalent) requesting them out of court to desist from the conduct violating the rights that protect you. If you have already taken this initiative without success, the next step would be to file a complaint. It would be advisable to contact a lawyer specialised in Industrial Property. In this regard, we recommend contacting the Official Association of Industrial Property Agents, www.coapi.org.
Crimes committed against duly registered industrial property rights are pursued by the courts. However, it is also possible to lodge a complaint. In order to do so you can contact the law enforcement and security forces on: National Police (091) Municipal Police (092). You can also approach the nearest Civil Guard service or call 062.
You can report the offence either in writing or verbally as a statement, which must include the identity of the person reporting the offence as well as any available details of the case and the circumstances. This information is extremely helpful for focusing and speeding up action taken by the law enforcement and security forces.
You can also lodge a complaint by calling 902 102 112. You will subsequently have to go in person to sign. Giving all the data of the case and providing all the evidence you can gather. You can find further information at www.policia.es
For cases of prosecution ex officio, since 1999 the SPTO has had a contact point for enabling crimes against industrial property to be properly prosecuted. Through this point of contact, the SPTO actively collaborates with the law enforcement and security forces by providing real-time information on holders of industrial property rights and their representatives who work with the Office. Contact details:
- Fax: (91) 349 68 56
- Telephone: 902 157 530 / 910 780 780 / 913 496 817
- Email: Tribunales@oepm.es