Are you suffering infringement of your trademark / design / patent / utility model?

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Actions relating to the fight against counterfeiting and trademark counterfeiting can be carried out at two levels or in two different areas: when these products are already in the Spanish market, or when they enter Spain, and therefore in the internal market of the European Union, through any border post.

The fight against counterfeiting in the Spanish market.

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

The fight against piracy at customs borders.

Notwithstanding any court action taken by the Customs Authorities by virtue of their empowerment under Community legislation currently in force relating to the fight against piracy and trademark counterfeiting in which the Spanish Patent and Trademark Office also collaborates, as mentioned in the previous paragraph, affected persons can also file a petition for intervention to seize goods that are suspected of breaching industrial property rights. In such cases, the interested party should contact the Sub-directorate General for Customs Management of the Customs and Excise Tax Department.

When the application is made and documentation demonstrating the existence and continuing validity of the rights is presented, the seizure of the merchandise may be agreed, preventing it from entering commercial distribution channels. Goods can only be seized for a limited period of time and an appropriate lawsuit or injunction request must be filed within 10 days.

The Spanish Tax Agency's web page provides further information on the customs procedures to be followed under these circumstances:

Tax Agency - Protection of Intellectual Property

© Oficina española de Patentes y Marcas, 2019