Submit Industrial Design Application in Spain

Spain is famous for being a region with many industrial-worthy applications in many different sectors. Spain is famous for its unique interior design style, which combines tradition and modernity. Spanish homeware products are also highly appreciated for their aesthetics and quality. The Spanish fashion industry has a long tradition and is known for its creativity and variety of styles. Spanish fashion brands have affirmed their position in the international market. Spanish architecture is a harmonious combination of different styles, from classical to modern. Spain’s urban architecture and design works have received many international awards. Spain is also one of Europe’s major automobile and motorcycle manufacturing centers. Spanish designers have contributed to the creation of models with sleek styling and outstanding features. Therefore, more and more organizations and individuals want to register industrial designs in Spain, Viet An Law would like to guide customers through the article below.

Legal Basis

• Law No. 20/2003 of July 7, 2003 on the Legal Protection of Industrial Designs (amended and supplemented to Law No. 6/2018 of July 3, 2018)

General overview of industrial design in Spain

Industrial Design Concept

In Spain, an industrial design is defined as the appearance of a product or part of a product, characterized by the lines, borders, colors, shapes, textures or materials of the product itself or its decoration.

Conditions for registration of industrial designs

• Novelty: The design must be new, which means that it has not been publicly available anywhere in the world before the date of filing the design application or priority date (if applicable). This includes any form of disclosure through publication, use, or exhibition.
• Individuality: The design must be personal, meaning that the general impression it makes on the knowledgeable user is different from the general impression that any design has been made publicly available before the filing date or the date of preference for that user.
• Not excluded from protection: The design must not fall under any circumstances that are excluded from protection, such as:
  • The design is decided only by the technical function
  • Designs that are contrary to public order or morality

Types of industrial designs in Spain

Two-way design:

• Pattern: A repetitive or non-repetitive design is applied on a surface, such as textiles, wallpaper, or packaging.
• Decorative motifs: Decorative elements that enhance the appearance of a product, such as logos, graphic icons, or fonts.

Holographic design:

• Shape of the product: The overall appearance or configuration of an object, such as a chair, lamp, or bottle.
• Configuration of the product: The arrangement of the parts or elements that make up a product, such as the layout of the buttons on the remote control or the arrangement of the parts in the machine.
• Product Decoration: Decorative features are applied to the product, such as reliefs, carvings, or textures.

Combine two-dimensional and three-dimensional styling:

Designs that incorporate both two-dimensional and three-dimensional elements can also be registered. For example, a product has a unique shape and a special pattern is applied on its surface as follows: Furniture, Home Appliances, Electronics, Toys, Clothing, Shoes, Jewelry, Packaging, Bottles, Containers, Graphical User Interface (GUI)

Search for industrial designs in Spain

• Spanish Patent and Trademark Office (SPTO): The SPTO’s lookup system is where users can search for registered Spanish industrial designs using keywords, applicants’ names, or registration numbers.
• European Union Intellectual Property Office (EUIPO): If the user wishes to search for protected designs within the European Union countries, the user can search the EUIPO’s database for registered designs including Spain.
• DesignView: This is a global database that allows users to search for registered designs in various countries and regions, including Spain.

Application for registration of industrial designs in Spain

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Fees for registering industrial designs in Spain

The official fees for registering an industrial design in Spain depend on the number of designs included in the application and whether you are requesting a postponement of publication.

Application Fee:

• 1 to 10 styles: €78.19
• 11 to 20 styles: €162.09
• 21 to 30 styles: €259.89
• 31 to 50 styles: €487.58
• More than 50 styles: Extra €8.82 for each style over 50.

Deferral Fee (If required): €31.21 per design

Registration of industrial designs in Spain under the Hague Agreement

What is the Hague Agreement on the registration of industrial designs?

The Hague Agreement on the Registration of Industrial Designs (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

If you wish to file an application for registration of an industrial design, please contact Viet An Law Firm for the most effective support.