Trademark registration in El Salvador. El Salvador, officially the Republic of El Salvador, is a country in Central America. El Salvador was the first country to ratify the Central America-Dominican Republic Free Trade Agreement (CAFTA) — negotiated by the five countries of Central America and the Dominican Republic — with the United States. Accordingly, many businesses want to expand to El Salvador and one of the most important steps a business needs to take before entering this market is to learn about the procedure of trademark registration in El Salvador.
Necessary documents for trademark registration in El Salvador
Necessary documents for trademark registration include:
- Signed Power of attorney (POA).
- The detailed information of the applicant.
- Trademark models (not required for word marks).
- List of goods and/or services.
- Copy of priority document (if any).
The procedure of trademark registration in El Salvador
To register a trademark in El Salvador, the trademark applications must be filed with the Intellectual Property Office in the National Center for Registration of El Salvador.
- Separate trademark: If one wishes to use the word element separately from the logo (or vice versa), the applicant should register for another trademark including only the word or figurative elements that they wish to use and protect separately to have the best protection to the registered trademark in the market.
- Combined trademark: If one registers a combined trademark (which includes both word elements and figurative elements) in this country, the exclusive right to use the trademark is limited to the use of the trademark in the exact configuration or way in which it was filed and registered.
The opposition process in El Salvador
In the circumstance that one feels that their rights are violated, they may file an opposition action against the registration of the trademark. However, it should be noted that the time limit for the objection period is 2 months from the date that the details of the trademark application are published in the Official Gazette. The chances of success for the opposition action will vary in each case depending on the circumstances.
Trademark renewal in El Salvador
A registered trademark in El Salvador will have a validity of 10 years from the date of registration. One year before the expiration of the trademark, the trademark owner may file for a renewal of that trademark for an additional 10 years indefinitely.
It should also be noted that if the trademark owners forgot to file for renewal, they may still file for a renewal of their trademark in a grace period of 6 months after the expiration date with an additional late payment fee.
Use requirement
Prior use of the trademark is not necessary to file or register a trademark. Accordingly, if one uses a trademark but does not register it, nothing prevents third parties from filing for an identical trademark. However, this rule doesn’t apply to well-known or famous trademarks.
Once registered, if a trademark is not used by its owner in El Salvador within 5 years from the date it was registered, third parties may file for a cancellation action against the trademark.
You can see a list of El Salvador IP firms here.