Your European Legal Team for Transatlantic Expansion

The OEPM trademark protects in Spain only. The EUTM protects in all 27 EU Member States. Neither protects in the US, Canada or UK. To protect in the US you need a USPTO registration ($350/class), in the UK a UKIPO registration (£200/class) and in Canada a CIPO registration. We coordinate the global registration strategy to ensure coverage in all markets where you operate or plan to operate.

The optimal time is always before market entry: before commercial launch, before signing distribution agreements and before any public advertising in the US. In the US, the trademark system rewards first commercial use, though USPTO registration reinforces that protection. A prior rights search is essential to avoid conflicts with already registered or in-use trademarks.

If the Spanish company processes EU citizens' personal data from its US operations (European employees of the subsidiary, European customers using the US service), the GDPR still applies. If it processes only US citizens' data, GDPR does not apply directly, but CCPA (California) or other state laws may apply. We advise on which regulations apply based on where users are located and what data is processed.

Key contracts are: (1) distribution or representation agreement with the US partner (New York or Delaware law); (2) technology or trademark licence if granting IP usage rights; (3) NDA/confidentiality agreement to US standard; (4) Data Processing Agreement with US cloud providers (SCCs + local addendum); (5) Terms of Service and Privacy Policy adapted to CCPA for California consumers; (6) Employment Agreements if hiring US employees (requires a US employment lawyer).

Yes, significantly. Since 2021, the UK is a completely independent jurisdiction from the EU. Key changes for Spanish companies: EUTMs no longer cover UK (separate UKIPO registration needed), EU-UK data transfers require an IDTA or UK Addendum to SCCs, contracts with UK distributors must reference UK GDPR and UK consumer law, and the judicial system is common law. The good news: the EU-UK Trade and Cooperation Agreement maintains tariff-free access for many goods.

Successful Spanish companies in the US include: Inditex/Zara (fashion retail), Mango, Santander and BBVA (banking), Ferrovial (infrastructure), Iberdrola (renewable energy), Meliá Hotels (hospitality), Amadeus IT (travel tech), Idealista (proptech), Cabify (mobility) and many startups from the Madrid and Barcelona tech ecosystems. For all of them, managing IP, GDPR and contracts in the US required an active European legal team.

Official fees are: USPTO $350/class and UKIPO £200/class. The total cost for a single-class trademark in both markets, including prior rights searches and application management, ranges from €2,000-3,500. For multi-class trademarks (common in fashion, technology or food companies), costs scale per class. We always recommend registering before commencing commercial activity in each market.