Registering a brand in Spain without prior verification that there are potential conflicts can turn a roughly €90 process into a problem that exceeds €1,000 in professional fees. Analyzing whether the name can be legally registered, properly defining the products and services it should cover, and confirming that there are no prior marks that could clash are steps many companies end up tackling far too late.
The risk becomes especially relevant in a context of heightened trademark activity. As of September 3, 2026, applications from Spanish companies handled by iGERENT already surpassed the total filed in all of 2025 by 32%.
At the same time, many of the issues can be detected before filing. According to iGERENT’s global data, one in three professional pre-searches identifies some potential risk or conflict, and there is a 60% difference in the success rate between applications that include this check and those filed without it.
The five common mistakes outlined below can complicate and significantly increase the cost of registering a trademark:
1. Confusing the corporate name, the domain, or social media handles with a registered mark
Just because a name can be used as a corporate name, is available as a domain, or doesn’t appear on social media doesn’t mean it can be registered as a trademark.
It is common, especially among startups, small and medium-sized enterprises, and new ventures, to first check the commercial viability of the name and begin investing in design, websites, packaging, advertising, or product development before conducting a professional trademark search.
The problem arises when, after making that investment and gaining some visibility, the company discovers that there is a prior mark that could hinder or block registration. At that point, changing the name may entail new costs and also mean losing part of the recognition and positioning already built.
Therefore, checking the legal availability of the mark before making a significant investment helps detect these risks while it is still easier to adjust the strategy.
2. Conducting too shallow a search
Searching only on Google, social media, AI tools, or databases of identical marks may not be sufficient. Similar marks can also create conflicts when protecting related products or services.
According to iGERENT’s global data, there is a 60% difference in the success rate between applications that include this check and those filed without it.
In Spain, a professional search with an attorney’s review costs about €90. If a third party later files an opposition, preparing a defense can cost roughly €735 in professional fees and, if negotiations with the other party are necessary, the total could reach about €1,165.
Analyzing before launch the potential similarities, relevant classes of goods and services, and the territories in which you plan to operate helps reduce the risk of discovering the problem after the company has already invested in the brand.
3. Choosing a name that is too generic or descriptive
A name that clearly describes the business activity can offer limited protection. Overly generic or descriptive denominations may run into obstacles due to a lack of distinctiveness.
The proliferation of AI tools that generate names, logos, or slogans in seconds can reinforce this confusion: just because a tool suggests a name does not mean it is legally viable or registrable.
The solution lies in evaluating the name’s distinctive capability and checking its availability before turning it into a commercial brand.
4. Registering the mark for the wrong classes
A trademark might be registered and still fail to protect all of a company’s activities properly. Incorrectly selecting the products or services it should cover, omitting relevant activities, or filing in the name of an improper owner can create protection gaps.
These issues can go unnoticed at first and surface later during a funding round, a license, a corporate transaction, a new product launch, or an international expansion.
Therefore, before filing, it is important to define which products and services the company truly needs to protect and who should be listed as the trademark owner.
5. Waiting too long to register
Delaying the registration until you prove the business works can mean that when the company finally protects the name, there is already prior rights that complicate the application after time and money have been invested in building the brand.
According to iGERENT’s experience, a registration without issues takes about eight months in Spain. When objections, suspensions, or third-party oppositions arise, the process can extend considerably and, in some cases, the maximum resolution time can reach 20 months.
For a startup or new business, brand protection should be considered before making a significant investment in the new name. For established companies, it is wise to review protection when a new product launch or entry into another market becomes a real project and not just a plan weeks before execution.
“The problem isn’t just how much it can cost to resolve a conflict, but when it is discovered. If a company has already invested in design, web, packaging, or advertising, changing brands can have a much greater impact than the actual procedural costs,” explains Conrad Fahrenkrug, International Intellectual Property Advisor at iGERENT.
“Just because a name doesn’t appear on Google, is free on social networks, or was generated by an AI tool doesn’t mean it is legally available. Verification should happen before investing in building the brand, not after it’s already on the market.”
