Trademark Registration in El Salvador

In El Salvador, trademark registration is mandatory to obtain enforceable rights. Prior use of a mark does not by itself grant ownership. If you use a trademark in El Salvador but do not register it, a third party can still file and obtain registration for the same or a very similar mark.

Only in exceptional cases involving well-known or famous trademarks can the true owner act against a filing made by an unrelated party.

To obtain protection, the application must be filed before the Intellectual Property Office of the National Center for Registration CNR.

If you file a combined trademark (word + logo), your exclusive rights will be limited to the exact configuration filed. To protect the word and logo independently, it is advisable to file separate applications for each element.

To register a trademark in El Salvador, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time to complete a straightforward trademark registration in El Salvador is approximately 3 months.

This is an estimated processing time based on current practice. The duration can vary depending on objections from the office, oppositions by third parties, or other procedural issues.

Once registered, a trademark in El Salvador is valid for 10 years from the registration date.

After registration:

• The mark may be renewed indefinitely for additional 10-year periods.
• Renewal can be requested up to 12 months before the expiration date.
• If the mark expires, it can still be renewed within six (6) months after expiration, subject to payment of a late renewal fine.

Proper renewal ensures the continuous protection of your rights.

Yes. You can oppose a third party’s trademark application in El Salvador.

• Opposition must be filed within two (2) months from the date on which the application is first published in the Official Gazette.
• The chances of success will depend on the similarity of the signs, the goods/services, and the overall circumstances of the case.

If another applicant tries to register a mark that includes a similar or distinctive element of your registered trademark for related goods or services, you may base your opposition on likelihood of confusion.

Use is not required to file or obtain registration. However, after registration, the situation changes.

If a trademark is not used in El Salvador by its owner for a continuous period of five (5) years following registration, third parties may file cancellation actions for non-use.

Even minimal, genuine commercial use can be enough to defend against such actions.

El Salvador recognizes 3D trademarks through the National Registry Center (CNR).

To apply for a 3D trademark:

• You must provide a clear graphical representation of the three-dimensional mark from several angles, typically six views (front, back, top, bottom, left, right).
• The representation may be in black and white or in color, depending on the scope of protection you seek.
• El Salvador follows the Nice Classification, so you must specify the goods and/or services for which the 3D mark will be used.

The CNR carries out both a formal examination and a substantive examination to ensure that the 3D sign is distinctive and does not conflict with earlier registrations. For more details, you can consult the website of the National Registry Center.