El Salvador
Fees for registering El Salvador trademarks
First class：
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Additional class：
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Renewal:Notarization & Legalization:
Service Process
Trademark registration time
The current trademark regulations in El Salvador are mainly based on the Trademark Law, which came into effect on July 17, 2002 and was revised in 2005. The Salvadoran National Registry is responsible for managing trademark affairs, and the official language is Spanish. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in El Salvador follows the principle of "application first".
El Salvador is a signatory to international intellectual property treaties such as the Trademark Law Treaty, the Paris Convention, and the WIPO Convention. It is neither a member of the Madrid Protocol nor the Madrid Agreement, so trademark registration can only be processed through the "single country registration" method.
Trademark Registration Process
At present, Salvadoran trademark applications adopt the Nice Classification 10th edition for the description of goods and services, accepting applications for multiple categories in one table, but not accepting repeated applications for the same trademark on the same or similar goods/services. The elements that can be registered as trademarks in El Salvador include: text, name, graphics, color combinations, slogan, sound, smell, etc.
If the applicant does not reside in El Salvador, they need to entrust a specialized agent in their home country to handle it. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized and authenticated;
5.If priority is declared, proof of priority must be provided and notarized.
The main process for applying for registration of a Salvadoran trademark is: application acceptance examination announcement approval issuance.
The application will be accepted 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. Two months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in El Salvador takes 1-2 years; If there are any objections or rejections during the process, the time will be extended to 3-4 years.
Trademark registration materials
The Salvadoran trademark is valid for 10 years after registration, starting from the date of registration; Renewal must be processed within 12 months before the expiration date, with a grace period of 6 months. The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed in accordance with the following provisions of the Trademark Law:
1.Article 39: Violation of Articles 8 and 9 of the Trademark Law: mainly due to the lack of distinctiveness of the trademark; Conflict with prior trademarks; Conflicts with well-known trademarks of others, etc. The revocation application based on Article 9 must be submitted within 5 years from the registration date.
2.Article 41-A: If a trademark is not actually used in that country for five consecutive years after registration, any interested third party may apply for revocation; Except for force majeure.
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