Registering a trademark with the National Center of Registries (CNR) takes about 6–12 months if there are no oppositions or errors in the application. Complex cases, such as those involving oppositions, may take up to 18 months.
The deadline for filing an opposition is 2 months from the publication of the application in the Diario Oficial (official gazette).
In El Salvador, you can register word marks, figurative marks, combined marks, three-dimensional marks, sound marks, and certification marks, provided they are distinctive. Marks contrary to public morality, religious values, or state symbols are prohibited.
The certificate is valid for 10 years from the filing date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in El Salvador, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $300–500 for one class of goods or services, including registration and publication fees. Additional costs may include legal services or fees for extra classes.
Use of the trademark is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request, as per the Trademark Law.
If the trademark is not renewed within 10 years from the filing date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
Registering a trademark in El Salvador not only protects your brand identity but also offers a competitive edge in a burgeoning economy. This guide delves into the significance of trademark registration in El Salvador and how ProfitMark can assist you throughout the process.
1. Legal Protection
In El Salvador, trademark rights are acquired through registration, not mere usage. This means that without official registration, your brand is vulnerable to unauthorized use, plagiarism, and unfair competition.
2. Exclusive Rights
A registered trademark grants you exclusive rights to use the mark concerning the goods or services listed in the registration. This exclusivity is crucial for establishing brand recognition and trust among consumers.
3. Business Expansion
With a registered trademark, you can license or franchise your brand, facilitating business growth and expansion into new markets.
4. Legal Advantage
In disputes over trademark ownership, a registered trademark serves as concrete evidence of your rights, simplifying legal proceedings.
1. Preliminary Search
Before filing, conduct a trademark name search to ensure your desired mark isn't already registered or pending. The National Registry Center (CNR) provides a database for this purpose.
2. Application Submission
Submit your application to the CNR, including:
Applicant's full name, address, and nationality.
Clear representation of the trademark (tm logo trademark).
List of goods or services under the Nice Classification.
Power of Attorney, notarized and legalized.
3. Examination
The CNR examines the application for compliance with legal requirements and checks for conflicts with existing trademarks. If issues arise, you'll be notified and given an opportunity to respond.
4. Publication
Upon passing the examination, the application is published in the Official Gazette. Third parties have two months to file oppositions.
5. Registration
If no oppositions are filed or they are resolved in your favor, the trademark is registered, and you receive a registration certificate. The entire process typically takes 6 to 9 months.
1. Duration and Renewal
A registered trademark in El Salvador is valid for 10 years from the registration date and can be renewed indefinitely for subsequent 10-year periods. Renewal applications should be filed within one year before expiration, with a six-month grace period available.
2. Use Requirement
If a trademark isn't used for five consecutive years, it may be subject to cancellation upon request by a third party.
ProfitMark offers end-to-end assistance, from the initial trademark name search to obtaining the registration certificate.
With over 13 years of experience and successful trademark registrations in more than 30 countries, our team of international experts ensures a professional approach tailored to each client.
Our online services allow you to complete the entire process remotely, without the need for physical presence in El Salvador.
We provide clear pricing with fixed timelines, ensuring no hidden costs.
Don't delay in protecting your brand. Registering your trademark in El Salvador secures your rights and opens up new business opportunities. With ProfitMark, the process is straightforward, transparent, and reliable. Contact us today to safeguard the future of your business.