Nice classification

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 multiclass application is acceptable.
Foreign and local applicants need a local agent.
On application, a special certified power of attorney has to be shown (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. Nevertheless, in order to obtain a priority right, it is possible to file an application without a power of attorney through an attorney in fact (“gestor oficioso”). The power of attorney can be filed later. (The POA should be filed within 4 months from the application date.)
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.

National:
The opposition period is 2 months from the date of the first publication of the trademark application in the official gazette.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.

Protection begins with the date of registration. A trademark registration is valid for 10 years.
The registration is renewable for periods of 10 years.

The grace period for renewals is 6 months. Registrations starting on the day following the expiration date.

A trademark has to be used within the five years following its registration in order to avoid its cancellation. A cancellation action (before a district court) for a none use trademark can be filed since January 21st, 2011. Although the Trademark Act has included the cancellation action since January 21st, 2006, it was not accepted by local courts until 2011.

The official fee is USD 100.00 (approx. EUR 76.00) per class.

However, the publication fees (US $ 58.50) which are included in the official fee could rise due to the official gazette publication.

The expenses for publications may increase because the Official Gazette charges per number of lines included in the notice of publication (and such number of lines increase by the number of products/services covered). The amount included in the official fee is the minimum charge.

Trademark Licence Agreement
In El Salvador licence agreements must be in writing. It is not permitted to license the use of unregistered marks. A licence may be restricted to only some of the goods and/or services in respect of which the mark is registered. The sale of a registered trademark does not automatically terminate the licence.

There are the following ‘gap filling’ provisions, applicable only in the absence of a precise regulation within the licence agreement:
1. The licensee shall have the right to use the mark during the full term of its effectiveness and any of its renewals, and with respect to the products covered by said mark.
2. The licensee will not have the authority to assign its rights, nor to grant additional licences.
3. The licensor will be able to grant additional licences within the territory with respect to the same brand and same products, and also will be entitled to use the mark directly.

Recordal
There are provisions in law for the recordal of a licensee with the Salvadorian Trademark Office. The recordal of a licence agreement is not mandatory, but it is strongly recommended. There is no time frame for a recordal.

The following documents are required for a recordal:
1. The licence agreement in writing (If the agreement is entered and signed by local parties it must be granted before a notary public. If it is entered and executed in a foreign jurisdiction and parties agree to have it locally registered it must be legalised by a Salvadorian Consul or apostille.
2. A power of attorney granted by the owner of the trademark duly notarised and legalised with apostille or by a Salvadorian Consulate. There is no prescribed form or content for a licence agreement.

Effectiveness
The licence becomes effective and enforceable against third parties from the date of its execution. The recordal of the licence only provides public knowledge. The licence is not required to be published.

Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use. The licensee may join the proprietor in infringement proceedings and he may call upon the trademark owner to institute infringement proceedings. He may also institute proceedings in his own name if the proprietor refuses or neglects to do so. The licensee does not need to cite the licensor as co-defendant in any infringement proceedings, unless otherwise agreed upon in the contract.

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