A trademark is one of the most valuable assets for businesses as it plays a crucial role in positioning their image in the market. Safeguarding your trademark in El Salvador ensures your business remains competitive in your chosen economic sector.
According to Fátima Espinal, our Intellectual Property attorney, registering your trademark, logo, and trade name is essential for protection against plagiarism and unfair competition.
"In our legislation, you acquire trademark rights through registration, not merely by use. There is a misconception that using a trademark automatically grants you the rights to it," she clarified.
Our expert emphasizes that going through the registration process can save you from potential issues that would require greater investment. Espinal highlights the effort and financial resources that could be lost when others start using your logos, emblems, or distinctive signs.
Espinal adds that if there is a dispute over trademark ownership, reclaiming the rights would necessitate hiring legal services, exceeding the budget of some companies.
In El Salvador, the governmental authority responsible for trademark registration is the National Registry Center, specifically the Intellectual Property Registration department.
However, before approaching the government institution, our expert recommends conducting a brief study of existing trademarks in the country. This step allows you to confirm that no other similar registered or pending signs exist.
"From the outset, you need to check if the trademark is available and register it. Legal strategies should always be tied to Intellectual Property, especially when businesses are starting," explains Espinal.
Additionally, it is important to prevent unauthorized use of your company name or the trademarks associated with it, as others may try to profit from the reputation you have built.
Torres Legal can address your inquiries regarding intellectual property. Reach out to us through our social media or visit our offices.
-Written by the Torres Legal Team.