Your Reference Law Firm for Legal Operations in Latin America

The Spanish trademark (OEPM) protects exclusively in Spain. The EU trademark (EUIPO) protects in all 27 EU Member States, but not in LATAM. To protect a trademark in Mexico you need registration at IMPI, in Colombia at SIC, in Brazil at INPI, in Argentina at INPI AR, in Chile at INAPI and in Peru at Indecopi. Each registration is independent, with its own timelines, fees and procedures. We coordinate the global trademark strategy from Madrid, using the Madrid Protocol (WIPO) where efficient.

The most common problem is lack of preventive registration: the Spanish company registers its trademark in Spain and starts operating in LATAM without having registered in target countries. This allows third parties to register the same trademark before the legitimate owner — known as 'piratas de marcas' (trademark pirates) in LATAM. Once registered by third parties, recovering the trademark is costly and can take years. The correct strategy is to register in LATAM before entering the market, not after.

Distribution contracts in LATAM must include: (1) clearly defined exclusive territory; (2) quality standards and brand image compliance, with audit rights; (3) minimum sales targets with clear consequences for non-compliance; (4) termination clauses that protect the principal against justified causes; (5) IP ownership regime (the trademark always belongs to the Spanish company, never to the distributor); (6) applicable law and dispute resolution forum (ICC arbitration seated in Madrid). In many LATAM countries, established distributors have statutory legal protections that make termination difficult, so clauses must be very precise.

Spanish sectors with the largest LATAM presence are: financial services (Santander and BBVA lead retail banking in Mexico, Argentina, Chile, Colombia; Mapfre in insurance), telecoms (Telefónica/Movistar is the largest telecoms operator in several LATAM countries), energy (Repsol, Iberdrola, Naturgy, Acciona in renewables), infrastructure and concessions (ACS, Ferrovial, Acciona, OHL in roads, airports and water), retail (Inditex/Zara, Mango), hospitality and tourism (Meliá, NH Hotels, Barceló), and construction.

We centralise IP management from Madrid: we maintain a single register of the entire trademark and patent portfolio (Spain, EU, LATAM), coordinate renewal calendars across each jurisdiction, manage communications with local lawyers in each LATAM country, and proactively alert on deadlines or potential infringements. For trademark monitoring in LATAM, we use monitoring systems that detect similar applications across all relevant jurisdictions. The client has a single point of contact in Madrid for the entire global portfolio.

ICC (International Chamber of Commerce, headquartered in Paris) arbitration is the most widely used mechanism for resolving international commercial disputes. For Spain-LATAM disputes, it is preferable to local courts because: it is neutral for both parties, awards are enforceable in over 160 countries under the New York Convention, arbitrators are subject-matter specialists, and proceedings can be conducted in Spanish. ICC clauses with Madrid as the seat are widely used by Spanish companies in LATAM contracts.

For proceedings requiring local presence — registration at national offices, court proceedings, notarisation — local lawyers are needed. But it is not necessary to manage direct relationships with each local firm. A2 acts as your central point of contact in Madrid and coordinates with trusted local lawyers in each country as needed. This reduces costs, improves strategy consistency and simplifies communication for the Spanish client.