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El Salvador Trademark Registration

In El Salvador the legal basis is the Trademark Act of June 6th, 2002, in force since July 17th, 2002. Trademark protection is obtained by registration.

Requirements

A trademark application has to be filed before the Trademark Office by a local agent. On application, a special certified power of attorney has to be show (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. Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 7- 9 months from first filing to registration. After registration the trademark is published in the official Gazette and a regional journal. The opposition period is 2 months from the date of the first publication of the trademark application in the official gazette.

Duration

A trademark registration in El Salvador is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

Duly note, if the trademark has not been used within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

Area Practice:

INTELLECTUAL PROPERTY

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