A trademark is a sign used to distinguish products or services in different sectors of the market. To understand the differences between a trademark and a trade name, it is important to consider that a trade name identifies a company or its establishments in commercial traffic, differentiating it from other organizations in the same or different sector.

To shed some light on each term, our attorney in charge of the Intellectual Property Department, Fátima Espinal, had the opportunity to share her experience and knowledge on the “5-minute legal” segment on Radio Femenina.

“Regarding its use, many people confuse what rights they have in a trademark from the moment they start using it; however, the exclusivity of its use is obtained through registration,” Espinal explained.

Our specialist added that, in the right to exploit a trade name, individuals can use it from the moment they begin operations at their establishment.

In the case of trademarks, Espinal stated that Salvadoran laws grant rights for their use for 10 years: “At the end of this period, there is the opportunity to renew for another 10 years, as long as the natural or legal person does not decide to forego the renewal of their trademarks.”

On the other hand, the registration of a trade name is indefinite but depends on the actual and effective existence of the commercial establishment. If the company ceases operations, it will no longer have protection in El Salvador.

Our expert explained that natural or legal persons who wish to protect these distinctive signs must do so at the Intellectual Property Registry of the National Registry Center (CNR).

Companies should visit the CNR website and look for the sections on Trademark Registration and Trade Name Registration. For trademarks, the interested party must submit an original registration application and pay fees of $100.00 for each class.

In the case of trade name registration, the company must authenticate the signature of the application if it is not presented in person and pay $75.00 in fees. Furthermore, Article 10 of the Trademarks and Other Distinctive Signs Law explains in detail the information that each application must contain.

For inquiries, you can contact us through our social media or at our offices with the Intellectual Property Department.