FREQUENTLY ASKED QUESTIONS

 

POWERS OF ATTORNEY

  • Can you file a Trademark application in El Salvador without having a Power of Attorney?

Yes. Applications can be filed without a Power of Attorney (POA). However, POAs must be filed within next 2 months after filing the application.

  • Do Powers of Attorney require Notarization?

All Powers of Attorney that will be used in connection with a “contentious matter”, require to be notarized and Apostilled. Contentious matter includes situations such as: filing and responding to appeals, filing and responding to oppositions, filing and responding to judicial actions.

  • Do Powers of Attorney require Apostille?

All Powers of Attorney that will be used in connection with a “contentious matter”, require to be notarized and Apostilled. Contentious matter includes situations such as: filing and responding to appeals, filing and responding to oppositions, filing and responding to judicial actions.

  • Tutorial - How to Fill in a TLT Power of Attorney?

See our Video on how to Fill in a TLT Power of Attorney (click here)

 

TRADEMARKS

  • What Information is required to file a Trademark Application in El Salvador?

The information we require to proceed with filing a Trademark Application in El Salvador is the following:

- E-version of the mark to be filed

- Indication of any special claims (colors, forms, font, etc.)

- Indication of any upcoming deadline (priority rights, any special non-legal deadline, etc.)

- International class

- Description of products or services to be protected

- Applicant information (name, address, country of citizenship and in case of individuals, their profession).

 

This information must be sent to our e-mails: nelly@delagasca.com with cc to giancarlo@delagasca.com

  • Can you file a Trademark application in El Salvador without having a Power of Attorney?

Yes. Applications can be filed without a Power of Attorney (POA). However, POAs must be filed within next 2 months after filing the application.

  • Is legalization required for Powers of Attorney in El Salvador?

Please refer to our F.A.Q. section regarding Powers of Attorney.

  • Are there “multiclass” trademark applications available in El Salvador?

Yes. Our law provides for the possibility of filing “multi-class” applications.

  • Can you file Trademark applications in El Salvador with only the “class heading” or do you have to be very specific as to the goods/services you intend to protect?

The common practice is to file class headings, followed by a specific mention of those goods/services you wish to provide special protection. Particular care must be put in order to avoid repetition of goods/services as it may result in an office action.

  • How long do Trademark Registration proceedings take in El Salvador?

A Trademark Registration proceeding will usually take anywhere from 6 – 12 months. This without taking into consideration office actions, appeals and/or oppositions. In said cases, it may take longer.

  • Can “priority” be claimed for a Trademark Application in El Salvador?

Yes. El Salvador applies the 6-month priority term provided for in the Paris Convention. However, for said right to take place, it must be claimed along with the application filed in El Salvador, or no more than 3 months thereafter. A non-legalized original Certified application must also be filed (duly translated) within the next 3 months following the filing date in El Salvador.

  • Are Trademark Applications published for opposition in El Salvador? How much time?

Yes. Our Trademark Registration proceeding has the possibility of filing opposition within the next 2 months after its 1st publication date in the Official Gazette. If no opposition is filed, the Trademark matures into Registration.

  • What can I do of someone opposes my Trademark Application in El Salvador?

El Salvador Trademark Law provides for the possibility of responding to oppositions. The time frame to respond is 2 months after being served with the opposition.

  • How long does trademark protection last in El Salvador?

Trademark Registrations in El Salvador are granted for periods of 10 years starting from the date of registration. They can be renewed indefinitely.

  • Is trademark use mandatory in El Salvador?

Our law provides the possibility of filing Non-Use Cancellation actions upon the lack of use of a trademark for over 5 years. This does not occur automatically, nor does the Trademark Office require proof of use in order to renew a mark. For a Non-Use Cancellation to take place, a lawsuit must be instated at a Civil and Commercial Court and the plaintiff must prevail on the merits. The burden of proving use belongs to the Trademark Owner (defendant).

  • Must I prove “use” in order to renew a Trademark Registration in El Salvador?

No. The Trademark Office does not require any proof of use in order to renew a Trademark Registration in El Salvador.

  • Does El Salvador Trademark Law provide for protection based on “prior use”?

No. El Salvador does not protect “prior use” of Trademarks. The only way to obtain trademark exclusive rights is by means of obtaining a domestic registration. There is an exception, however when it comes to “well-known”/ “famous” trademarks, as well as “Trade Names”. These can be protected on grounds of “prior use”, but it becomes very difficult to establish this circumstance with our Courts. Therefore, the best alternative is to always seek registration in order to avoid infringement.

  • What kind of Trademarks does El Salvador Trademark Law protect?

Salvadoran Trademark Law provides for the protection of many types of Trademarks. The most usual are word marks, devices and composite marks (word with device). Our law also provides for the protection of non-traditional marks, but the Registration proceeding may be a bit more complicated.

  • Does El Salvador protect Service Marks?

Service marks are treated the same as Trademarks in El Salvador. There is no relevant differentiation to be considered herewith.

  • Does El Salvador protect Well-Known/Famous Marks?

Yes. El Salvador affords protection to Well-Known/Famous Marks. According to our law they do not require registration in order to be protected, however the burden of proving their status belongs to plaintiff.

 

TRADEMARKS (LITIGATION)

  • Is it possible oppose a Trademark Application in El Salvador?

Yes. Salvadoran Trademark law provides for the possibility of filing oppositions against trademark applications that infringe third party rights. You must, however, have a valid cause of action and filing basis according to sections 8 and 9 of the Salvadoran Trademark Act.

  • Are counterfeit actions available in El Salvador?

Yes. Criminal actions can be instated in El Salvador against Trademark infringers. However, it is absolutely necessary to own a Trademark Registration of the infringed mark.

  • Are civil actions available in El Salvador for Trademark Infringement?

Yes. Civil actions can be instated in El Salvador against Trademark Infringers. Available remedies are injunctions, damages as well as destruction of infringing goods.

  • Are border measures available in El Salvador against Trademark Infringement?

Yes. Border measures can be instated in El Salvador against the importation/export/transit of infringing goods.

 

COPYRIGHT

  • Do Copyrights require registration in El Salvador?

By law copyrights will be protected from the moment of their creation without the need of a Registration. However, registration proves to be very useful for the purpose of establishing ownership and date of creation, therefore it is highly recommended to obtain one.

  • How long does copyright protection last in El Salvador?

Generally speaking, copyright protection will last the life of the author plus 70 years.

Colonia San Benito, Pasaje 8 #118, San Salvador, El Salvador

+503 2223-3380

info@delagasca.com

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