It's a common, and costly, mistake: thinking trademark registration is something you do "once the business is big". In reality, anyone can register a free name at any time — including your competitor, or someone who simply notices your brand is starting to work and decides to grab the name before you do.
What having a registered trademark actually means
Registering a trademark (with the OEPM in Spain, or the EUIPO for the whole European Union) gives you an exclusive legal right to use that name, logo or tagline for the specified categories of goods or services. Without that registration, there's no guarantee another company can't use something identical or very similar, and no simple legal way to stop them.
The real risk of not registering in time
If another company registers a name similar to yours before you do, they can legally demand you stop using it, even if you've been using it for longer without registering. Changing your name after years of work (redoing your website, social media, stationery, brand recognition) is far more expensive than the registration itself.
The process, without the jargon
First, an availability search is carried out to check the name doesn't clash with trademarks already registered. Then the application is filed, specifying the classes of goods or services (the so-called Nice Classification) you want protected. And once granted, the trademark needs ongoing watch and periodic renewal.
Spain, the European Union, or both
Registering only in Spain protects the name within Spanish territory; if there are plans to expand into other European countries, filing directly with the EUIPO covers all 27 EU countries with a single application, which is more efficient than registering country by country.
Frequently asked questions
How much does it cost to register a trademark?
It varies depending on scope (national or European) and the number of goods/services classes to protect, but it's a considerably smaller investment than the cost of having to change your name later on.
How long does the registration process take?
Anywhere from a few months, if no objection or opposition arises, to over a year if someone opposes the registration during the process.
Do I need to register the logo too, or is the name enough?
They can be registered separately: the name (word mark) and the logo (figurative or combined mark). Ideally, protect both if they're both recognisable parts of your brand identity.