A trademark is a distinctive sign, symbol or expression used to identify the products or services of a company from those of another. It guarantees the genuineness of the product of service, and gives its holder the legal rights to avoid their trademark’s unauthorized use.
- It is the only way of obtaining rights to the trademark.
- It provides national and/or local protection.
- It allows to demonstrate ownership of the trademark.
- It helps to discourage other people from using the trademark unlawfully.
- Trademarks allow your business to effectively utilize the social media and make your customers find you easily.
- If anyone uses your registered trademark, he/she will be presumed to be a willful infringer, and registering a trademark confers the ability to recover monetary damages as a result of the infringement.
- If you don’t register your trademark and someone else registers a trademark very similar to yours, you’ll have to change its name and spend a lot of money changing advertising. It’s also possible that you lose customers.
- Words
- Names
- Devices
- Certain three-dimensional shapes
- Slogans
- Sounds
- Smells (olfactory trademarks)
- Trade dress/get-up
Trademark protection in El Salvador lasts 10 years and can be renewed indefinitely for the same term. A renewal application must be filed within one year before expiration date.
The approximate time from application to registration (for a prosecution without an opposition) is 10 months.
An application is published for opposition purposes after formal examination of the application. The opposition period begins the day of the first publication date in the Official Gazette and ends after two months from the first publication.
- Name and address of the applicant.
- State or country of incorporation.
- Specimen of trademark.
- List of goods or services provided.
- Power of attorney.
- Official filing fee.
- Joint applicants are permitted in El Salvador.
- Actual use or intent to use are not required for application.
- Local address for service must be provided if the applicant is not domiciled in this jurisdiction.
- The list of goods and services may specify “all the goods” or “all the services” of the relevant class(es) and the relevant class heading.
- In El Salvador, the type of registration available is national.
- All documents must be translated into Spanish by an official translator.
- All signed documents must be apostilled.
- El Salvador uses the Nice Classification System.
- El Salvador is a member of the Paris Convention, the Trademark Law Treaty, the Nairobi Treaty, and the Nice Agreement.
- El Salvador is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.
- European Union Trade Mark registration is not effective in El Salvador.
- Multinational regional registrations are not available in El Salvador.
- Applications cannot be filed online.
- The official file cannot be accessed online.
If your trademark has been successfully registered and it is time for you to renew it, you can start the procedure one year before the expiration date. There is a six-month grace period to renew the trademark after the expiration date.
If you do not renew on time, you will need to file a complete new application.
No proof of use is required for renewal. Once renewed, it will be valid for another ten-year period starting from the previous expiration date.
Trademark renewal requirements:
- Name and address of the applicant.
- Trademark description.
- List of goods or services provided.
- Power of Attorney.
- Trademark registration number.
- Date of registration.
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