Guide to trademark deadlines
OEPM and EUIPO trademark deadlines: opposition, renewal and grace period
OEPM and EUIPO trademark deadlines match on renewal and differ on opposition: two months at the OEPM and three at the EUIPO from the publication of the application. This guide sums up the opposition, renewal and grace periods for a Spanish trade mark and an EU trade mark, with the article of each office's law, and how to keep them together in one agenda.
Which trademark deadlines differ between the OEPM and the EUIPO?
The opposition period differs: two months at the OEPM and three months at the EUIPO, counted from the publication of the application. Duration (ten years), renewal (six months before expiry) and the grace period (six months after) follow the same rule at both offices; what changes is the cost of being late.
| Deadline | OEPM (Spanish trade mark) | EUIPO (EU trade mark) |
|---|---|---|
| Opposition | 2 months from publication of the application in the BOPI (art. 17.1 of the Trade Mark Regulation) | 3 months from publication of the application (art. 46.1 of Regulation (EU) 2017/1001) |
| Term of registration | 10 years from the filing date (art. 31 of Act 17/2001) | 10 years from the filing date (art. 52 of Regulation (EU) 2017/1001) |
| Renewal on time | Within the 6 months before expiry (art. 32.3 of Act 17/2001) | Within the 6 months before the registration expires (art. 53.3 of Regulation (EU) 2017/1001) |
| Grace period | 6 months from expiry, with a 25% surcharge (first 3 months) or 50% (following 3) | 6 months after expiry, with an additional fee for late payment or late filing |
What is the opposition period for a trade mark at the OEPM?
Two months from the date the application is published in the Official Industrial Property Gazette (BOPI). It is set by article 17.1 of the Trade Mark Regulation; Act 17/2001 only refers to the period set by regulation.
If the notice arrives after those two months, the OEPM does not admit the opposition (art. 19.1.a of the same Regulation).
To avoid finding out late, review the BOPI regularly: this guide explains how to watch trade marks published in the BOPI.
What is the opposition period for a trade mark at the EUIPO?
Three months from the publication of the EU trade mark application. It is set by article 46.1 of Regulation (EU) 2017/1001 on the European Union trade mark.
That is one month more than at the OEPM, and it is the typical mistake when both offices live in the same spreadsheet: applying the Spanish period to an EU application, or the other way round.
To follow EUIPO publications, see how to watch trade marks at the EUIPO.
When must a trade mark be renewed at the OEPM?
Within the six months before the registration expires; the registration lasts ten years from the filing date of the application. The application and the renewal fee go together within that period, under article 32.3 of Trade Mark Act 17/2001.
- Fee. The fee depends on the number of classes renewed (art. 32.2).
- Successive renewals. The registration can be renewed for successive ten-year periods (art. 31).
When must an EU trade mark be renewed at the EUIPO?
Within the six months before the registration expires; it also lasts ten years from the filing date. It is set by article 53.3 of Regulation (EU) 2017/1001; the basic fee and, where applicable, one fee per class beyond the first are paid within that period.
The EUIPO informs the owner of the expiry at least six months in advance, but if that notice never arrives the registration still expires (art. 53.2). The office's notice does not replace your agenda.
The office's notice does not replace your agenda.
What is the grace period for renewing a trade mark?
Six more months, counted from the expiry of the registration, to renew by paying extra.
- At the OEPM. The surcharge is 25% of the fee if you pay in the first three months and 50% in the following three (art. 32.3 of Act 17/2001).
- At the EUIPO. An additional fee for late payment or late filing applies (art. 53.3 of Regulation (EU) 2017/1001).
Treat it as a safety net, not as the deadline. If your agenda points at the end of the grace period, any delay can no longer be fixed.
How do you keep both offices' deadlines in one agenda?
With one starting date per case file and its office's rule applied to that date. Everything else is ordering: one list, by urgency, with OEPM and EUIPO deadlines mixed together. If that list lives in a sheet, this guide explains how to keep trademark deadlines in Excel.
- Starting date. Record each case file's filing date and publication date. Renewal and opposition both come from them.
- Office rule. Apply the right rule: two months (OEPM) or three (EUIPO) to oppose; six months before expiry to renew.
- Grace period kept apart. Note it as a last resort, with its cost, not as the deadline.
- One view by urgency. Order both offices' deadlines by date: overdue, next few days and next few months.
- Check every new act. Each office publication or decision can open a deadline; if the case file record is not updated, neither is the deadline.
What does Piro do with OEPM and EUIPO deadlines?
Piro calculates deadlines from the acts of each case file, at the OEPM and at the EUIPO, and alerts you in the app and by email. The agent prepares the next step and you approve it: “It proposes; you approve.”
- Direct connection with the OEPM and the EUIPO. You add the case file by its number and the record comes from the office. After that it updates daily.
- Deadlines calculated from the acts. When the office publishes an act, Piro calculates the deadline and places it in your agenda by urgency: overdue, next 15 days and up to 60 days.
- Alerts in the app and by email. You do not need to open the agenda to find out.
- The next step, prepared. The agent proposes the task and the client email, and at the OEPM it fills in the right form (Piro fills in 29 official OEPM forms). Nothing goes out without your approval.
To see the whole product, look at Piro's trademark deadline management software.
Official sources
Frequently asked questions
From which date are a trade mark's ten years counted?
From the filing date of the application, both at the OEPM (art. 31 of Act 17/2001) and at the EUIPO (art. 52 of Regulation (EU) 2017/1001). Not from grant or publication.
Does the EUIPO warn before an EU trade mark expires?
Yes: it informs the owner at least six months before expiry. But the lack of that notice does not affect the expiry of the registration (art. 53.2 of Regulation (EU) 2017/1001), so control is yours.
When does the renewal of an EU trade mark take effect?
On the day after the registration's expiry date, and the renewal is entered in the register (art. 53.6 of Regulation (EU) 2017/1001).
Does Piro file the opposition or the renewal with the office?
No. Piro calculates the deadline, alerts you and prepares the work: the task, the client email and, at the OEPM, the form. You file with the office.
How does an EU trade mark I already own get into Piro?
By its number. The record comes from the EUIPO through a direct connection, updates daily and Piro calculates its deadlines the same way as for a Spanish trade mark. See it in a 30-minute demo with your own portfolio.