For a Latin American company entering Europe through Spain and Portugal, a cross-border IP strategy for Spain and Portugal starts with one decision: file two national marks, at the Spanish OEPM and Portugal’s INPI, or file one EU trade mark covering all 27 member states. National marks cost less and face fewer earlier rights. An EU trade mark covers the whole Union, but a single conflict anywhere in it can block the application. This guide compares both routes and the contracts that should follow.
Key takeaways
- A Spanish application filed online costs EUR 127.88 for the first class and EUR 82.84 for each additional class (OEPM fees from 1 April 2026).
- An EU trade mark costs EUR 850 online for one class, EUR 50 for the second and EUR 150 for each class after that.
- Third parties have two months to oppose in Spain and in Portugal, and three months at the EUIPO.
- An EU trade mark can be refused because of an earlier right in any member state; if that happens, it can be converted into national applications.
- Applicants without an establishment in the European Economic Area (EEA) need a representative before the EUIPO for everything except the filing.
What are the options for protecting a brand in Spain and Portugal?
There are three practical routes, and they can be combined:
- National marks: one application at the Spanish Patent and Trademark Office (OEPM) and one at Portugal’s National Institute of Industrial Property (INPI). Each covers one country.
- An EU trade mark (EUTM): one application at the EU Intellectual Property Office (EUIPO) in Alicante, giving a single right in every member state.
- The Madrid System: an international application filed through your home office that designates Spain, Portugal or the EU. According to WIPO Lex, Spain, Portugal and Brazil are all Madrid members, so a Brazilian company, for example, can reach Iberia from the INPI in Rio de Janeiro.
Madrid is a filing vehicle: a designation of Spain is examined by the OEPM, and one of the EU by the EUIPO.
How does a Spanish trademark application work at the OEPM?
The OEPM registration procedure follows these steps:
- Filing, usually online through the OEPM’s electronic office.
- Formal examination and publication in the Official Industrial Property Bulletin (BOPI).
- A two-month period for oppositions and third-party observations.
- Examination of the grounds for refusal, with a chance to answer any objection.
- Where an opposition relies on an earlier mark, the applicant can in some cases ask the opponent to prove use.
- Grant or refusal, published in the BOPI, with one month to appeal.
A Spanish registration lasts ten years from the filing date and must be put to genuine use in Spain within five years (Trade Marks Act 17/2001, Articles 31 and 39). The OEPM fee schedule in force from 1 April 2026 sets these official fees:
| OEPM fee | Online | Paper |
|---|---|---|
| Application, first class | EUR 127.88 | EUR 150.45 |
| Each additional class | EUR 82.84 | EUR 97.48 |
| Renewal, first class (on time) | EUR 148.06 | EUR 174.18 |
| National fee for an international (Madrid) application | EUR 38.13 | EUR 44.86 |
| Recording an assignment or licence, per registration | EUR 29.86 | EUR 35.12 |
How does a Portuguese trademark application work at the INPI?
Portugal follows a similar model under its Industrial Property Code. The application is published in the Industrial Property Bulletin, and third parties then have two months to file an opposition. The INPI can grant one extension of one month, and the applicant has two months to reply (Article 17). A registration lasts ten years from filing and is renewable indefinitely (Article 247). It can be revoked after five consecutive years without genuine use (Article 268).
For foreign companies, an applicant based abroad may act directly but must give an address in Portugal, an email address or a fax number. Invalidity and revocation actions before the INPI, however, must be filed through an official industrial property agent, a lawyer or a solicitor (Article 10).
Portuguese fees are updated every year. The current table was published in the Diário da República on 20 March 2026 (Deliberation 334/2026) and has applied since 1 July 2026, according to the INPI. Check the amounts on the INPI’s fee page before budgeting.
Cross-border IP strategy for Spain and Portugal: two national marks or an EU trade mark?
| Point | OEPM + INPI national marks | EU trade mark |
|---|---|---|
| Territory | Spain and Portugal only | All 27 EU member states |
| Official fees, one class | OEPM from EUR 127.88 plus the INPI fee | EUR 850 online (Regulation 2017/1001, Annex I) |
| Opposition period | Two months in each office | Three months (Article 46) |
| Exposure to earlier rights | Only Spanish and Portuguese rights, plus EU marks | Earlier rights in any member state |
| Genuine use | Required in each country | Required in the Union |
| Representation for non-EEA applicants | Check each office’s rules | Mandatory except for filing (Article 119(2)) |
| Fallback if refused | Refile or appeal nationally | Conversion into national applications (Article 139) |
In practice, our recommendation depends on the five-year plan rather than the first launch. If the company will only sell in Spain and Portugal, national marks are cheaper and easier to clear. If France, Italy or Germany are next, an EUTM usually costs less than adding countries one by one, provided clearance searches show no serious conflicts in the main markets. Many companies file both: national marks for the core markets and an EUTM for expansion.
Planning licences and contracts across Iberia
Entering Iberia usually means a local subsidiary, a distributor or a franchisee, and each needs clear rights to use the mark:
- Decide which group company owns the marks, and keep that owner consistent across the OEPM, the INPI and the EUIPO.
- Record licences and assignments in each register where they apply. At the OEPM, recording costs EUR 29.86 per registration online.
- Make distribution and franchise agreements state that the marks belong to you and that any local filing by the partner is in your name or transferred to you.
- Keep evidence of use by licensees, because it supports the use requirement in each territory.
For these agreements, our IP licensing and assignment team works alongside the filing team, so contracts and registrations match.
What this means for your business
- Write down the markets you expect to enter in the next five years, not just Spain and Portugal.
- Run clearance searches in the Spanish, Portuguese and EU registers, and in the EU, check how the mark reads in the main languages.
- Choose national marks, an EUTM or both, and decide whether Madrid from your home office is the right vehicle.
- Diarise the opposition periods: two months in Spain and Portugal, three at the EUIPO.
- Put the licences and distribution agreements in place before launch.
If you want the whole Iberian entry handled together, our team for trademark registration in Spain, Portugal and the EU can prepare the filings and coordinate the Portuguese side with qualified local agents.
Where companies get Iberian trademark strategy wrong
- Filing an EUTM without clearance. One earlier mark in any member state can block it, and a refusal after opposition costs time even if conversion is possible.
- Assuming a Spanish mark covers Portugal. Each national registration stops at the border.
- Letting the distributor file. A mark registered by a local partner is hard to recover and can block your own application.
- Forgetting the use requirement. A national mark not used in its country for five years is exposed to revocation.
- Leaving licences unrecorded or inconsistent with the registered owner, which complicates enforcement and due diligence later.
Frequently asked questions
Is an EU trade mark cheaper than Spanish and Portuguese marks?
Not for two countries alone. A Spanish application filed online costs EUR 127.88 for one class, plus the Portuguese INPI fee, while an EU trade mark costs EUR 850 online for one class. The EU trade mark becomes better value when you plan to sell in several more member states and searches show no serious earlier conflicts.
How long is the opposition period in Spain, Portugal and the EUIPO?
Two months from publication in Spain, where oppositions and observations are filed after publication in the BOPI. Two months in Portugal, with one possible one-month extension granted by the INPI. Three months at the EUIPO from publication of the EU trade mark application. Each deadline needs its own watch.
Can a Latin American company file directly in Spain, Portugal or at the EUIPO?
It can file an EU trade mark application itself, but companies without an establishment in the EEA must be represented before the EUIPO for every later step. In Portugal, a foreign applicant may act directly with an address or email for notifications, but invalidity and revocation actions require an agent or lawyer. Spanish rules should be checked case by case.
Can IP Global Guard handle our trademark entry into Spain and Portugal?
Yes. We prepare and coordinate the OEPM, INPI and EUIPO filings, acting directly where our professionals are entitled and through qualified representatives otherwise, and we draft the licences and distribution clauses that go with them. You get one strategy and one point of contact for Iberia and the rest of the EU.
How IP Global Guard can help you enter Iberia
For most Latin American companies, Spain and Portugal are the first step into Europe, and the filing choice made there shapes the cost of every later market. IP Global Guard, the intellectual property line of META Channel Corporation Limited, designs cross-border IP strategy across more than 25 jurisdictions in Europe, Latin America and Africa with one billing relationship.
Tell us which marks you use, where you sell today and which European markets come next. We will compare national, EU and Madrid routes, run the searches and coordinate the filings and contracts from a single point of contact. Share your Iberian launch plan with our team.
This article is general information, not legal advice, and reflects the position on its publication date.
Sources
- OEPM, Procedimiento de registro de marcas y nombres comerciales
- OEPM, Tasas de marcas y nombres comerciales (from 1 April 2026)
- BOE, Ley 17/2001, de 7 de diciembre, de Marcas (consolidated text)
- INPI Portugal, Código da Propriedade Industrial (2018 edition)
- INPI Portugal, Fee update from 1 July 2026 (20 March 2026)
- EUR-Lex, Regulation (EU) 2017/1001 on the European Union trade mark
- WIPO Lex, Madrid Protocol contracting parties (database)
