Modificación de marcas y nombres comerciales registrados (art. 33 LM)

INTRODUCTION

This section should be used for applications to modify trademarks and trade names in accordance with the provisions of Article 33 of Law 17/2001, of 7 December 2001, on Trademarks. Under this provision, the trademark or trade name is not modified in the Register during the validity period, nor when it is renewed. However, if the trademark or trade name includes the name and address of its owner, any alteration or deletion of these that does not substantially affect their identity as originally registered may be registered at the request of the owner. You must pay the appropriate fee to apply online.

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 application files. The file 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.

PROCEDURES

This procedure involves the following steps:

1. Home. The access point for the procedure, from where you can create a new application.
2. Identification using Cl@ve: to continue the procedure, you must identify yourself using Cl@ve, so you must have an electronic certificate or be registered on the Cl@ve platform. You can log in as "Applicant/File owner" or "Representative".
3. Applicant's data and file. The details of the person carrying out the procedure are loaded in step 2. These data are exclusively for notification purposes for this procedure. We then identify the file and obtain the ownership data.
4. Procedural data. You must specify what you are requesting and incorporate the resulting distinctive sign after the modification.
5. Documentation. You can add additional documentation in this screen (maximum 5 documents of 5MB each). All documents must be in .PDF format.
6. Payment and presentation. Use this screen to download a summary of the data entered in the previous screens, to check it is correct, and finalise submission of the request. This section also offers the option of electronic filing and displays the corresponding fee, for information, and the options for online payment.
   • With simultaneous payment, the application will redirect you to the payment gateway. Follow the instructions. You will receive proof of payment and then be returned to the application where you will be able to get proof of submission of the application.
   • For fees paid in advance, enter the barcode number(s) of the payment receipt in the field indicated by the application. You will be given a receipt for the submission of the application.

   NB. It is VERY IMPORTANT to wait for the ProtegeO "Receipt" screen to be displayed for the application to be considered complete and satisfactory by the SPTO. If this screen is not displayed, it is very likely that the application has not been completed successfully. You should contact soportefuncional@oepm.es for instructions on how to proceed in this case.

7. Receipt. Once the electronic payment for the application has been processed correctly, continue to the final step of the submission, the "Receipt" section (the request is now considered to have been submitted to the SPTO and the proof of submission will have been sent by e-mail to the address indicated on the form). Use this screen to download the receipt in PDF format or have it sent to the email address of your choice. The PDF receipt file will contain the date and time of filing, and the code of its registration with the SPTO.

TECHNICAL ASSISTANCE AND INFORMATION

E-mail: soportefuncional@oepm.es

Telephone: 910 780 780 and 902 157 530

TECHNICAL REQUIREMENTS

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.