Opposition to the registration of an industrial design

The formalities involved are:

• Approval of the proof of use.
• Supplementary opposition document.
• Opposition withdrawal document.
• Reply to notice of errors in an opposition.

It is very important to have the number of the opposition before starting this procedure. If you do not have this, this number can be found in CEO, by entering the number of the design to which you intend to object. Identification of the opposition number is essential to ensure that the documents included reach the correct file.

An explanatory statement must be provided if the objector is filing a proof of use required by the owner of an industrial design and the opposition is based on a trademark (Article 21bis(2) of Royal Decree 687/2002). The documents evidencing use must be attached as separate PDF files, with consecutive numbering (ANNEX1.pdf, ANNEX2.pdf, etc.).

Each annex shall have a table of contents on its first page containing the indications required in Article 60 (3) of the Implementing Regulations of the Trademarks Law for each document or item of evidence submitted as an annex:

1. The annex number.
2. A brief description of the document or item and the number of pages, if applicable.
3. An indication of the specific parts of the document or item you are relying on in support of your claims, if applicable.
4. The page number of the claims in which the document or item is mentioned.

Applications for this procedure are exempt from fees.

This procedure is simple to request online by filling in the form on the SPTO's ProtegeO platform. This platform has the following advantages for users: 

• New web interface. The new design has been developed prioritising usability, accessibility and adaptation to mobile devices.
• Auto-adjustable interface for different devices: PCs, mobiles, tablets.
• Online validations and controls are incorporated to avoid data-entry errors, making processing more efficient and agile.
• Confidentiality: no information is stored openly with the SPTO until filing.
• Control of opposition files. The opposition numbers for which the documents are being submitted are checked.
• Online help is available in the form.
• You will receive a copy of your application stamped by the SPTO, by e-mail. If you do not receive this e-mail, contact the SPTO.

The Spanish Patent and Trademark Office's Electronic Register service requires: 

• Internet explorer 11 or later, Mozilla Firefox or Google Chrome.
• Adobe Reader XI or higher. Download Adobe Reader.