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El Salvador (SV)

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06-04-2013 (Newsletter Issue 8/13)
Amendments to the Trademark and Other Distinctive Signs Law
The amendments to the Law on Trademarks and Other Distinctive Signs which were published in the Official Journal No 81 entered into force on May 15, 2013.

Some of the most important provisions are related to geographical indications and designations of origin, and their registration procedure and regulation of use.

These amendments arise from the need to harmonize legislation with the compromises acquired by El Salvador by signing international treaties, especially the European Union Association Agreement, and also to ensure effective protection of these distinctive signs in order to promote the development of the local economy and export of goods.

Source: Moeller IP Advisors


Legal basis is the Trademark Act of June 6th, 2002, in force since July 17th, 2002. Trademark protection is obtained by registration.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, slogans, acronyms, letters, numbers, devices, emblems, holograms, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs as well as sounds and smell marks.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks and trade names.
The application is filed at the Trademark Office.
A multiclass application is acceptable.
Foreign and local applicants need a local agent.
On application, a special certified power of attorney has to be shown (duly legalized). Applicants from non signatory states of the Hague Convention, concerning the exception from a consular certification of foreign documents, need a certified power of attorney. Nevertheless, in order to obtain a priority right, it is possible to file an application without a power of attorney through an attorney in fact (“gestor oficioso”). The power of attorney can be filed later. (The POA should be filed within 4 months from the application date.)
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is approx. 7 to 9 months.
The trademark application is published three times prior to registration in the official Gazette and a regional journal.
National:
The opposition period is 2 months from the date of the first publication of the trademark application in the official gazette.
Protection begins with the date of registration. A trademark registration is valid for 10 years.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months. Registrations starting on the day following the expiration date.

Further practical details are available in our publication on this topic here
A trademark has to be used within the five years following its registration in order to avoid its cancellation. A cancellation action (before a district court) for a none use trademark can be filed since January 21st, 2011. Although the Trademark Act has included the cancellation action since January 21st, 2006, it was not accepted by local courts until 2011.

Further practical details are available in our publication on this topic here
In accordance with local law there is no application fee.
The publication fees depends on the length of the list of products, if class heading is used an approximate charge for publication before the official gazette and a local journal should not be higher than USD 75.00. The expenses for publications may increase because the Official Gazette charges per number of lines included in the notice of publication (and such number of lines increase by the number of products/services covered). The amount included in the official fee is the minimum charge. The registration fee is USD 100.00 per mark/per class regardless if there is a multiclass application. The local currency in El Salvador is the U.S. Dollar.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 210,00 € 150,00 € 
Word Mark Search (identical) 190,00 € 130,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
05-11-2016
Mejia Escobar & Asociados, San Salvador, El Salvador

11-13-2014
Mejia Escobar & Asociados, San Salvador, El Salvador

06-27-2013
Mejia Escobar & Asociados, San Salvador, El Salvador

12-28-2011
Mejia Escobar & Asociados, San Salvador, El Salvador
Portal & Associates, San Salvador, El Salvador



National Center of Registries (CNR)
1a Calle Poniente
y 43 Av. Norte #2310
San Salvador
El Salvador

Tel +503 2513 8400
Fax +503 2260 7375
Mail propiedadintelectual@cnr.gob.sv
www.cnr.gob.sv
Further phone numbers:
2254 9300
2200 5300
2200 5301