Trademarks Law in El Salvador
Here’s a detailed overview of trademark law in El Salvador:
🇸🇻 Trademark Law in El Salvador
🔹 Governing Law
Trademark protection in El Salvador is governed by Industrial Property Law (Ley de la Propiedad Industrial), Legislative Decree No. 487, issued in 1997.
The law is administered by the Intellectual Property Registry under the Ministry of Economy.
El Salvador is a member of key international treaties, including:
The Paris Convention
The Madrid Protocol (since 2009)
The TRIPS Agreement (WTO member)
🔹 What Can Be Registered?
A trademark can be any visible sign capable of distinguishing goods or services.
Includes:
Words, letters, numerals
Logos, designs, shapes, colors
Sounds (if capable of graphic representation)
Collective marks and certification marks
🔹 Registration Process
Application: Submit to the Intellectual Property Registry, including representation of the mark and list of goods/services.
Formal Examination: Review for completeness.
Substantive Examination: Check for conflicts with existing marks and compliance.
Publication: Publication in the Industrial Property Gazette for opposition (usually 60 days).
Registration: Issuance of registration certificate if no opposition or after opposition is resolved.
🔹 Rights Granted
Exclusive right to use the trademark on the registered goods/services.
Right to prevent unauthorized use or imitation.
Right to license, assign, or transfer the trademark.
Protection against counterfeit or infringement.
🔹 Duration and Renewal
Initial registration term is 10 years from filing.
Renewable indefinitely for 10-year periods upon payment of renewal fees.
Renewal applications must be filed within 6 months before expiry, with a 6-month grace period.
🔹 Use Requirement and Cancellation
Trademark rights can be cancelled for non-use if the mark is not used for 3 consecutive years without valid reason.
Cancellation can be requested by any interested third party.
🔹 Enforcement
Enforcement can be pursued through:
Civil courts for injunctions, damages, and recovery of profits.
Customs to prevent the import/export of counterfeit goods.
Criminal sanctions apply for willful trademark infringement.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member |
| Madrid Protocol | Member since 2009 |
| TRIPS (WTO) | Member |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Industrial Property Law (Decree 487) |
| Authority | Intellectual Property Registry |
| Duration | 10 years, renewable |
| Registration | Required |
| Use requirement | 3 years’ non-use = cancellation possible |
| Enforcement | Civil, customs, criminal |
| International treaties | Paris, Madrid, TRIPS |
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