RCM Legal
RCM Legal

Patents & Trademarks

Registration and ongoing maintenance of trademarks, patents and designs — and defence against infringement when your competitive edge is challenged.

OUR SERVICES

REGISTRATION & MAINTENANCE

01

Trademark registration

National, EU and international filings via the Madrid System.

02

Patents and utility models

Filing strategy and prosecution before national and European offices.

03

Industrial designs

Registration of national and Community designs.

04

Portfolio surveillance

Monitoring of filings and detection of conflicts with third parties.

05

Renewals and revalidations

Active management of deadlines, fees and registry obligations.

DEFENCE & EXPLOITATION

01

Oppositions

Opposition proceedings before the SPTO, EUIPO and WIPO.

02

Appeals

Administrative appeals against registration decisions.

03

Licensing and assignment

Drafting and negotiation of licensing and assignment agreements.

04

Infringement actions

Cease and desist and basic enforcement against unauthorised use.

FREQUENTLY ASKED

01
Should I register my trademark nationally, EU-wide or internationally?
A national trademark covers Spain; an EU trademark covers all 27 member states. If you operate or plan to expand across Europe, an EU trademark is more cost-effective. International registration under the Madrid System covers selected countries globally.
02
Is it better to patent or keep a trade secret?
Patents grant exclusive rights for 20 years but require public disclosure. Trade secrets can last indefinitely but offer no protection if independently discovered. The right choice depends on the nature of your innovation and your commercial strategy.
03
Can I protect my software legally in Spain?
Yes. Software is protected automatically as a work under copyright law from the moment of creation. Additionally, software-implemented inventions may be patentable if they produce a technical effect. A specialist can assess the best protection strategy.
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