In El Salvador trademark registration is mandatory to obtain rights in a mark. Prior use of the trademark in El Salvador is not necessary in order to file or register a trademark. If one uses a trademark in El Salvador but does not register it, nothing prevents third parties from filing for an identical trademark. Exceptions to this may occur if a well-known or famous trademark is filed by a person or company different from the real owner.
In order to register a trademark in El Salvador, it must be filed through the Intellectual Property Office in the National Center for Registration (CNR) of El Salvador.
If you register a combined trademark (which includes both word elements and figurative elements) in El Salvador, the exclusive right to use the trademark is limited to a use of the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.
If one wishes to present opposition actions against the registration of a trademark in El Salvador, one must do so within two (2) months from the date on which the details of the trademark application are first published in the Official Gazette. Probabilities of success for an opposition will vary in each case depending on the circumstances.
A registered trademark in El Salvador will remain valid for a period of ten (10) years from its date of registration. Trademarks may be renewed for additional ten-year periods. There are no limits to how many times a registered trademark in El Salvador may be renewed. One may renew a trademark in El Salvador up to one year before its expiration date. Once a trademark expires, it may still be renewed up to six (6) months after its expiration date upon payment of a fine for late renewal.
Although use of a trademark is not necessary in order for it to be admitted for registration, once registered, if a trademark is not used by its owner in El Salvador within five (5) years from the date it was registered, third parties may present cancellation actions against the trademark.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in El Salvador (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.