The Spanish Patent and Trademark Office (OEPM) and customs control: A strategic tool for protecting Argentine products in Europe

For Argentine companies exporting to Europe, Spain is more than just another destination—it is a gateway. A large consumer market, a shared language, and a logistics network that links efficiently with the rest of the EU make it a natural entry point for Latin American goods. But high circulation also attracts high risk: counterfeits and infringing products are increasingly common. In this landscape, Spain’s intellectual property enforcement system—coupled with EU-wide customs controls—has become an indispensable defensive tool.

Spain operates within the framework of the EU Customs Regulation No. 608/2013, which allows rights holders to request that customs authorities detain goods suspected of infringing trademarks, designs, or copyrights. While the OEPM (Spanish Patent and Trademark Office) does not itself seize goods at the border, it plays a critical role: it maintains and certifies the validity of registered trademarks and designs. Without a solid, properly registered right, any attempt to block counterfeit imports becomes far more difficult.

For an Argentine company, the process typically begins with filing an Application for Customs Action before the Spanish Tax Agency (Customs and Excise). That application may rely on a Spanish trademark, an EU Trademark (EUTM), or a Registered Community Design (RCD). Once accepted, customs authorities can detain any shipment that appears suspicious, usually for an initial period of ten days while infringement is assessed.

The advantages for exporters are immediate and significant:

• Effective prevention—counterfeits are stopped before they enter the European market.
• Lower costs—administrative intervention is far cheaper than full litigation.
• Territorial breadth—monitoring occurs across every Spanish customs office, with the possibility of extending protection to the entire EU through coordinated filings.

In short, ensuring that your trademarks and designs are properly registered and monitored in Spain is not just a legal formality—it is a core strategic component for safeguarding Argentine products in an increasingly competitive global environment.

If your company exports to Europe, customs enforcement should be a central part of your IP protection plan.