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:
- The applicant’s name, domicile and nationality or state of incorporation;
- A sample of the mark;
- A list of the goods or services, and/or international classes, in which registration is sought; and
- A power of attorney and corresponding notarial certification duly legalized before the nearest Salvadoran consulate or by apostille. One document per applicant is sufficient.
Procedure:
- A trademark application has to be filed before the Trademark Office by a local agent.
- The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks.
- Intellectual Property Department will examine the application. If the application is in order and the trademark satisfies the registration requirements laid down in the Trade Mark Regulations, the application will be published on the journal
- The opposition period in El Salvador is 2 months after publication.
- The processing time from first filing to registration is approx. 7-9 months months.
Duration and Renewal: 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.
Fee Structure
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