Nicolás Melchior › Page 3 › Legal Services Spain

Protecting trademarks in Spain

A trade mark is a distinctive sign indicating products and services. Registration confers an exploitation monopoly to the depositor who can prohibit use of his or her distinctive sign by any third party. To protect his or her brand is essential; it prevents a third party from taking advantage of efforts invested in the product or service. In Spain, rights in trademarks are acquired with registration. A trademark is protected for ten years and is renewable infinitely.

The monitoring of employee communications in Spain

Spanish judges admitted, subject to fulfilling certain conditions, that personal employee communications contained in a professional computer may be subject to control by an employer. The matter of control of SMS messages on a professional mobile phone, decided by French courts, has not yet been decided in Spanish case law.

Changes in the application of inheritance rights of foreigners in Spain

For the sake of efficiency and time management, the EU will unify the rules on succession rights of foreigners. Decisions taken by a Member State will be binding everywhere within the EU territories, and will not be subject to further revisions.

Dissolution of a Limited Liability Company in Spain

Of the various probable instances for the dissolution of an L.L.C. in Spain, some are based on economic reasons (accumulation of losses, capital reduction below a legal threshold, etc.) and others may be due to the behaviour of its partners (paralysis of the company, agreement on the dissolution, etc.).

The compliance officer’s role in a company

With the reform of the Spanish Penal Code and the debut of criminal liability for legal entities, the supervision and compliance management allocated to a compliance officer has a significant importance for companies.

Formation of a limited liability company in Spain in eight steps

Before creating your own limited liability company in Spain (L.L.C.), you must be careful when it comes to rules of incorporation, drafting the articles of incorporation, and administrative procedures; those performed before a notary, as well as tax-related obligations.

Counting Leave in Spain and France

The counting of paid leave days is not always clear, as demonstrated by the recent decision of the Court of Appeals regarding a dispute between Air France and one of its part-time employees. It is therefore important for employers to remain aware of the regulations on paid leave at all times.

Practical Approach to the Limited Liability Company in Spain (L.L.C.)

The L.L.C. is a very common type of company in Spain, it is important to be aware of the rules governing the formation, operation, and dissolution of an L.L.C before establishing one’s own company.

The importance of compliance with regard to the reform of the Spanish Penal Code

The reform of the Spanish Penal Code has accentuated the importance of compliance. It is clearly stated in Article 31(a) of the Penal Code that all companies are required to establish or strengthen programs that focus on compliance to criminal rules, emphasizing the criminal liability consequences that breaking these rules entail.

Obtaining the European Certificate of Succession in Spain

The European Certificate of Succession certifies the capacity, all over the EU territory, of an heir and the powers of any administrators of a succession of a person having interests, properties or descendants in various countries of the EU.

Cookie	Duration	Description
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
CookieLawInfoConsent	1 year	CookieYes sets this cookie to record the default button state of the corresponding category and the status of CCPA. It works only in coordination with the primary cookie.
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.

Cookie	Duration	Description
_ga	1 year 1 month 4 days	Google Analytics sets this cookie to calculate visitor, session and campaign data and track site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors.
_ga_*	1 year 1 month 4 days	Google Analytics sets this cookie to store and count page views.