Artificial intelligence has established itself as one of the main drivers of innovation within the Spanish business sector. However, its growing presence in trade names is not always accompanied by an appropriate legal protection strategy. This is reflected in the report drawn up by PONS IP, a global consulting firm specialising in intellectual property which, through its Trademarks & Brand Intelligence Department, has analysed trademark applications filed with the Spanish Patent and Trademark Office (OEPM) and the European Union Intellectual Property Office (EUIPO) during 2025, with the aim of identifying names that make explicit or implicit reference to artificial intelligence, applied for by Spanish companies.<\/p>\n\n\n\n
The study has identified 272 trademarks with a reference to AI out of a total of 71,115 applications with links to Spain<\/strong>, confirming the vitality of the innovation ecosystem, in line with the prominent position recently awarded to Spain, ranked 7th, in the Global AI Vibrancy Ranking<\/em> drawn up by Stanford University<\/strong> , placing our country amongst the leaders in AI development based on an analysis of 42 indicators organised into eight key pillars such as research, investment, talent attraction, institutional capacity and other determining factors.<\/p>\n\n\n\n However, the analysis highlights a pattern that is particularly relevant to competitiveness: protection tends to be concentrated in technological classes (especially Classes 9 and 42), without extending to the classes corresponding to the sector in which the company operates or intends to operate.<\/p>\n\n\n\n Thus, the report notes that 63.6% of the trademarks analysed have some sort of gap: either they protect the technology but omit the target market, or they cover the sector but leave the technological basis unprotected. In practical terms, two out of every three projects that define themselves as \u201cAI-driven\u201d may not have developed a protection strategy that is sufficiently aligned with their business roadmap.<\/p>\n\n\n\n As Pablo L\u00f3pez<\/strong>, Director of Trademarks & Brand Intelligence at PONS IP, points out, \u201cthe nature of these projects, which combine proprietary technology, training data, third-party models, user interfaces and end-user services, requires a comprehensive approach to intellectual property that goes far beyond the choice of Nice Classes\u201d.<\/p>\n\n\n\n Specifically, 75% of the applications identified were filed with the OEPM (204 trademarks) and 25% with the EUIPO (68 trademarks). This distribution suggests a preference for national protection in the early stages, although in innovation-intensive business \u2013 such as those linked to AI \u2013 scalability and international projection often require a broader approach from the outset.<\/p>\n\n\n\n \u201cA trademark is a business decision rather than a mere formality. In artificial intelligence projects, protection must go hand in hand with the growth model: it is not enough to cover the technological tool; we must also protect the sector and the services in which that technology competes and generates value,\u201d <\/em>stresses Manuel Campanero, an expert in intellectual property and Director of the Andalusia Office at PONS IP.<\/strong><\/p>\n\n\n\n There is a significant concentration of applications in Classes 42 (technological services and software) and 9 (software, hardware and digital products). Class 42 appears in 57.7% of the trademarks analysed, and Class 9 in 42.3%. From there, the presence decreases: education and training (Class 41) accounts for 27.2%, and business and marketing services (Class 35) for 23.5%. By contrast, sectors that are particularly sensitive in terms of regulation and risk\u2014such as the financial sector (Class 36), the health sector (Class 44) or the legal sector (Class 45)\u2014have a low or very low presence.<\/p>\n\n\n\n This disconnect can give rise to significant vulnerabilities: a third party could register a similar name in the relevant sectoral classes and thereby restrict the original owner\u2019s expansion into the very market that is the focus of their business. In regulated sectors, moreover, consistency between activity and trademark coverage is a factor that is often implicitly taken into account in financing, partnership or internationalisation processes.<\/p>\n\n\n\n The report also points out that trademark registration is just one layer of the \u201coverall framework\u201d for protection in AI projects. The protection of code and models (intellectual property), the auditing of training data, the review of third-party model licences, the implementation of trade secret measures, and the assessment of the patentability of technical innovations form part of a comprehensive protection architecture which, in practice, determines the viability and value of the project.<\/p>\n\n\n\n In this context, PONS IP advises start-ups, SMEs and established companies to review their trademarking strategies to ensure that the classes cover both the technological basis and the target market, particularly before scaling up, expanding into new countries or undertaking investment rounds.<\/p>\n","protected":false},"excerpt":{"rendered":"