Patents and Trademarks
Patent and trademark advisory
We protect the most valuable part of your business: ideas.
Ideas, brands, designs and innovations are an essential part of your company’s value. However, many small businesses lack specialist staff to identify which assets to protect and how to do it. Expert advice on patents and trademarks helps you reduce risks, avoid legal disputes, stand out from the competition and turn your intangible assets into a tool for business growth.
At Afianza Avant we work so that you can focus on your activity while we take care of protecting what makes your project unique. We analyse each case individually, design strategies adapted to your objectives and accompany you throughout the entire process, from the initial study to the registration, defence and management of your rights.
—Services
Our Industrial Property services Patent and Trademark Management
This is what we do to preserve your patents and trademarks
Industrial property advice, research, registration and legal defence
We accompany you in the protection of your brands, patents, industrial designs and other strategic assets. We analyse each situation to help you obtain the maximum possible protection, reduce legal risks and increase the value of your innovation.
International department
If your business operates outside of Spain or plans to expand to other markets, we put at your disposal a team specialised in international legislation. We manage the registration, maintenance and defence of your rights in any country.
License and assignment agreements
We are in charge of negotiating and drafting the necessary agreements to regulate the use, exploitation or transfer of rights over your assets, guaranteeing that your interests are correctly protected.
Legal defence against infringements
We represent you in procedures related to conflicts over industrial and intellectual property. Our team has experience in actions before specialised organisations and in judicial procedures.
Global surveillance services
We continuously monitor your brands, patents and industrial designs to detect possible risks or conflicts. Thanks to permanent monitoring, we can act quickly when a threat to your rights appears.
IP Due Diligence
We evaluate the state of your intangible assets to identify possible vulnerabilities and detect opportunities for improvement. This analysis allows you to optimise costs, strengthen the protection of your rights and design a more efficient long-term strategy.
Preparation of technical reports
We have a technical team specialised in researching the state of the art and preparing reports for inventions. This allows us to develop solid documentation that reinforces the chances of success in registration.
Violation and expert reports
We analyse possible violations and prepare expert reports that allow you to make decisions with greater confidence before taking legal action or defending yourself against a claim.
FTO (Freedom to Operate) Reports
We study whether the manufacturing or marketing of a product may conflict with the rights of third parties. This way, you can identify risks in advance and avoid complex legal procedures, especially in international markets.
Registration and defence of intellectual property rights
We protect works and creations in areas such as audiovisual, communication, publishing or digital content. We help you ensure that your rights are protected and properly managed.
—Frequently asked questions
Answers to your questions
What is Industrial Property and what is the difference between a trademark and a patent?
Industrial Property protects certain intangible assets of a company, such as brands, inventions and designs. A trademark distinguishes products or services in the market, while a patent protects a technical invention that meets certain legal requirements.
What does a patent and trademark agent or attorney do besides processing the registration?
In addition to managing records, it advises on the most appropriate protection strategy and analyzes possible conflicts with previous rights. It can also intervene in oppositions, appeals, negotiations, license contracts and procedures against unauthorized use of trademarks, patents or other rights.
When should I register my trademark: before or after launching the business?
It is advisable to study availability and request registration before launching the brand on the market or making a significant investment in it. This reduces the risk of discovering later that there are prior rights that prevent it from being used or registered.
What is the process of registering a trademark with the SPTO?
The process begins by defining the brand and the products or services that you want to protect, followed by submitting the application to the OEPM. The application is then examined, published to allow for possible opposition from third parties and, if there are no impediments, registration is granted.
What is the difference between an industrial property agent and a trademark and patent attorney?
An industrial property agent is a specialist authorised to act before bodies such as the OEPM on industrial property matters. A specialist lawyer also provides legal advice and can assist with contracts, negotiations, disputes and court proceedings relating to these rights.
What happens if I don't register my trademark and another company registers it before me?
Failing to register a trademark increases the risk that a third party will apply for and obtain rights to an identical or similar sign. Depending on the circumstances and any prior rights that can be established, this may make it harder to use the trademark, require legal action or even make a change of brand necessary.
How long does it take to register a trademark in Spain?
The timeframe depends on the circumstances of each application, particularly whether there are defects or third-party oppositions. An application without complications may be resolved within several months, while the procedure can take considerably longer if objections, oppositions or appeals arise.
How can we help your business?
We can help in more ways than you might expect. Let’s start by getting to know your business.
Contact us