Trademark registration prohibitions

Absolute prohibitions: the action to cancel that trademark is imprescriptible, that is, it can be filed at any time.

Relative prohibitions: the action expires 5 years from the publication of the concession of the trademark.

 Absolute prohibitions

1st brand that cannot be represented graphically: simple sounds, taste, tactile marks.

2nd generic trademark: it cannot be registered because it lacks distinctive character. Eg: Chocolate, Soap ...., if the registration of generic signs were allowed, the holder would be granted a monopoly on the denomination of that genre of products.

3rd descriptive mark: it is made up of signs that designate the species, quality, quantity, destination, value, geographical origin ... or other characteristics of a product. They lack distinctive force, because the characteristics of a product are often common to other products of the same genre. Eg: the word "Premium" to designate quality; the expression “Baratísimo” since it describes the value of the product. The phrase "kitchen" for cleaning products since that is their destination. It should be noted that if a distinctive sign is added to a descriptive sign, the resulting set may constitute a trademark.

4th vulgarized brand: it is composed of signs that have become common to designate products or services in common language. Ex: Bio, News, Braces

5th Signs consisting exclusively of the shape imposed by the nature of the product itself, eg the shape of the potato chips in a bag. or by the shape of the product necessary to obtain a technical result (it delimits the trademark system versus the patent system), or by the shape that gives a substantial value to the product (it delimits the trademark system versus the industrial design system).

6th Signs contrary to the law, public order or good customs. Eg: an obscene graphic, blasphemy against a religion, Francoist symbols ...

7th misleading mark: signs that may mislead the public about the nature, quality or geographical origin of the product or service. Eg Parmaplus for a Parmesan type cheese, Roncarifort for a Roquefort type cheese.

8th false indication of origin in signs applied to identify wines or spirits, even when the true origin of the product is indicated or expressions such as "class, type, style, imitation ..." are used. Example: Sherry type wine, if it is not a Sherry wine.

9º Shields, flags, decorations and other emblems of Spain, its CCAA, its municipalities, provinces or other local entities cannot be registered without prior authorization. The basis of this prohibition resides in the avoidance of deception to consumers, since the reproduction of these emblems gives rise to the false impression that certain products come from the geographical area evoked with the sign.