El Salvador (SV)
Legal basis is the Trademark Act of June 6th, 2002, in force since July 17th, 2002. The international classification of goods and services consisting of 45 classes has been adopted.
Trademark protection is obtained by registration.
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 separate application has to be filed for each class.
Foreign applicants need a local agent.
On application, a special certified power of attorney has to be show (duly legalised). 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.
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.
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.
A trademark has to be used within the five years following its registration in order to avoid its cancellation. The cancellation of trademarks for lack of use entered in force on January 21st, 2006.
The official fee is USD 200.00 (approx. EUR 140.00) per class.
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
190,00 € |
130,00 € |
| Word Mark Search (identical) |
140,00 € |
90,00 € |
| Extended Search (word mark, company name, domain) |
520,00 € |
130,00 € |
| Device Mark Search (availability) |
380,00 € |
250,00 € |
| Trademark Owner Search |
340,00 € |
|
| Company Name Search |
390,00 € |
|
| Domain Name Search (extended) |
|
|
| i-Search (word mark availability + legal opinion) |
480,00 € |
420,00 € |
The Prices above are S.M.D. Markeur Search Fees