A trademark is one of the most valuable assets for companies, as it is one of the most important tools for positioning their image in the market. Therefore, safeguarding your trademark in El Salvador ensures that your business will remain competitive in the economic sector you choose to operate in.

For our lawyer from the Intellectual Property Department, Fátima Espinal, registering the trademark, logo, and trade name is essential to protect against plagiarism and unfair competition.

“In our legislation, you acquire the rights to the trademark through registration, not through use. There is a misconception that by using a trademark, I automatically have the rights to it, and that’s it,” she clarified.

Our expert emphasizes that going through the registration process can save you from more significant legal issues that would require a greater investment. Espinal highlights the effort and financial resources that could be lost when individuals or other companies start using your logos, emblems, or distinctive signs.

Espinal adds that in the event of a dispute over the ownership of a trademark, the process of regaining the rights will require the hiring of legal services, which may exceed the budget of some companies.

In our country, the government authority responsible for the trademark registration process is the National Registry Center, through the Intellectual Property Registration Department.

However, before visiting the government institution’s offices, our expert recommends conducting a brief study of the trademarks operating in the country. This step will allow you to confirm that there are no other registered or pending signs that are similar to the one you want to register.

“From the very beginning, you have to check if the trademark is available and register it. Legal strategies should always be tied to Intellectual Property, especially when businesses are just starting,” explains Espinal.

Likewise, it is anticipated that the company’s name or the brands it markets will not be misused by third parties to profit from the business reputation that has been built.

Torres Legal can answer your questions about intellectual property. Check our social media or visit our offices for more information.