Differences Between Trademark and Trade Name and How to Register Them to Protect Your Rights

The trademark is a symbol used to distinguish products or services in various market sectors. To identify the differences between a trademark and a trade name, one must consider that the trade name identifies a company or its establishments in commercial traffic, distinguishing it from other organizations in the same or different sector.

To gain a better understanding of each term, our attorney in charge of the Intellectual Property Department, Fátima Espinal, had the opportunity to share her experience and knowledge in the "5-Minute Legal" segment on Radio Femenina.

"In terms of their use, many people are confused about what rights they have to the 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 case of the trade name's exploitation rights, individuals can use it from the moment they begin operations at the establishment.

Regarding trademarks, Espinal stated that Salvadoran laws grant usage rights 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 choose to forego renewing their trademarks."

On the other hand, the registration of the trade name is indefinite, but it 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 individuals or legal entities wishing to protect these distinctive signs must do so through the Intellectual Property Registry of the National Registry Center (CNR).

Companies should visit the CNR's 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 $100.00 in fees 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 Law on Trademarks and Other Distinctive Signs provides detailed information about the requirements for each application.

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

-Written by the Torres Legal Team.