Trademark Registration in El Salvador
Registering a trademark is a strategic step for any company seeking to consolidate its identity and protect its busines. In El Salvador, thanks to the recent entry into force of the new Intellectual Property Law (Decree No. 66) – published in the Official Gazette No. 153 on August 15, 2024 and effective as of February 17, 2025 – the regulatory framework has been modernized, offering new tools for trademarks, designs, patents, and distinctive signs.
This article explains clearly and practically how to register a trademark in El Salvador, covering the new developments you need to know, detailed steps, estimated costs, and the most frequent errors to avoid. If you are an entrepreneur or are incorporating a company, this content is for you
Request your legal advice now for trademark registration in El SalvadorWhy Register a Trademark? Key Benefits
Registering your trademark provides significant competitive and legal advantages. Among the most notable for protecting your business and boosting its growth are:
Exclusive Right of Use
Exclusive use of the sign for the registered products or services, preventing third parties from using an identical or confusingly similar trademark.
Protection Against Unauthorized Use:*
Facilitates legal actions for infringement and measures to stop improper or parasitic uses of your brand.
Higher Commercial Value
A registered trademark is an intangible asset that can be licensed, assigned, or sold to monetize your reputation.
Credibility and Trust
Increases the confidence of customers, suppliers, and investors; it projects professionalism, permanence, and differentiation.
In El Salvador, being regulated by the Intellectual Property Law , he trademark is integrated into an updated protection framework that strengthens legal certainty for businesses. Registering your trademark is more than a formality: it is an investment in the identity and future of your company.
Current Legal Framework in El Salvador
The new Intellectual Property Law (Decree No. 66) modernizes the protection of trademarks and other distinctive signs, offering a unified framework for the management of intellectual property rights in El Salvador..
The New Intellectual Property Law (Decree No. 66)
Starting in 2025, the Intellectual Property Law (El Salvador), Legislative Decree No. 66 of August 8, 2024, published in the Official Gazette No. 153 of August 15, 2024, enters into force. his new law unifies and repeals previous regulatory bodies —such as the Law on Trademarks and Other Distinctive Signs and the old Intellectual Property Law— y la antigua Ley de Propiedad Intelectual— to establish a single framework for the protection of intellectual property rights.
Relevant aspects of this new regulation:
- Creation of the Salvadoran Institute of Intellectual Property (ISPI) as the responsible entity.
- Implementation of more digital and modern procedures..
- New protection terms for trade names, advertising expressions, and emblems..
- Integration of international standards from WIPO and the WTO into national legislation.
What Applied Before and What Has Changed?
Until the new law came into effect, trademark registration was governed by the Law on Trademarks and Other Distinctive Signs (Decree No. 868).. With the new regulations:
- Trademark registration is integrated as part of industrial property rights within the unified law.
- Procedures are streamlined and digitized, specifying times and deadlines to cure observations.
- Terms for protection, renewal, and efficacy may vary, so it is advisable to review the regulations for trademarks currently in force or in process.
What is Understood by “Trademark” in El Salvador?
Salvadoran legislation defines a trademark as any sign or combination of elements that allows the products or services of one owner to be differentiated from those of other competitors.
According to current regulations, a trademark is “any sign, word, or combination of words or any other graphic or material medium, which by its special characters is capable of clearly distinguishing products, merchandise, or services of the same species or class, but of a different owner”.
Denomination
A word or set of words that identifies a product or service (e.g., “Interbiznet”).
Logo or Graphic Design
A figurative sign that visually represents the brand identity.
Slogan or Distinctive Phrase
A short expression that reinforces the identity or promise of the brand.
Combination of Elements
Integration of denomination, logo, and slogan into a single registrable set.
Non-Conventional Signs
Depending on the market, these may include sounds, colors, or innovative three-dimensional shapes.
Step-by-Step to Register a Trademark in El Salvador
The trademark registration process in El Salvador involves several stages that guarantee the legal protection of the distinctive sign. The recommended steps are detailed below.
Initial Preparation: Definition of the Sign and Class
- Define exactly what sign you are going to register (word, logo, slogan, or combination).
- Determine the products or services your brand will distinguish according to the Nice Classification (45 classes: 1-34 goods, 35-45 services).
- Choose the appropriate class(es) for your products or services, as payment is per class.
- Remember the principle of a distinctive sign: it must differentiate your product or service from others.
Background Search (Optional but Recommended)
- Verify in the national trademark registry that no identical or similar sign exists for the same class.
- Perform a public inquiry or consult with a specialized professional.
- Avoid rejections due to collision with existing trademarks.
- A prior search can save you time and money.
Pre-qualification of the Application (Online Service)
- The National Registry Center (CNR) offers a “trademark pre-qualification” service to verify formal requirements and potential obstacles before filing the application.
- Avoid observations or delays by submitting your complete file.
Filing the Application
- Complete the “Trademark Registration Application” form before the Intellectual Property Directorate of the CNR.
- Indicate the applicant’s name, the sign, the list of products/services by class, image (if applicable), date, and signature.
- It can be submitted in physical format or online as allowed by the CNR/ISPI platform.
- Pay the corresponding fees (reference only):
- Application filing: USD $20 per class.
- Publication: USD $50.
- Registration rights: USD $80 per class.
- Verify the current fee schedule at the time of your application.
Examination of Form and Substance
Once the application is filed, the Registry performs:
- Form Examination: Checks that formal requirements are met (data, class, fees, etc.).
- Substance Examination: Analyzes if the sign meets the criteria for registrability (distinctiveness, non-confusion, non-prohibition).
If there are observations, the applicant may correct them within the established deadline; otherwise, the application may be rejected.
Publication in the Bulletin / Edict
- If the application is admitted, it is published in the ISPI Bulletin (or equivalent entity).
- Third parties have a period of approximately 2 months to file an opposition.
Resolution and Final Registration
- If there is no opposition (or it is resolved in favor of the applicant), registration is granted.
- The trademark is inscribed in the Intellectual Property Registry, and the registration certificate is issued.
- The term of protection is 10 years, renewable for equal periods.
Use of the Trademark and Monitoring
- Effectively use the trademark in commerce to avoid cancellation for non-use.
- Monitor the market and detect possible infringements or imitations.
- Register extensions to other classes or countries if you plan international expansion.
Renewal and Maintenance
- Renew your trademark at the end of the 10-year protection period.
- Check grace periods (6 months) and applicable surcharges for late renewal.
- Keep your contact and ownership details updated in the registry.
Common Errors and How to Avoid Them
Registering a trademark is not simply filling out a form. Many details can determine if the process will be successful or end in rejection, opposition, or cancellation. These are the most frequent errors and how to prevent them.
Choosing a Sign Lacking Distinctiveness
Avoid generic or descriptive trademarks (such as “The Best Products”). Opt for a unique name that is easy to identify, like “TecnoPrime”.
Foregoing a Prior Search
Failing to verify antecedents can lead to conflicts with already registered trademarks. Conduct a search before filing your application.
Improperly Describing Products or Services
Avoid vague terms like “various services”. Clearly specify the class and the type of product or service the trademark will distinguish.
Errors in the Application Form
Carefully review all information before submission. Any formal error can delay or invalidate the entire process.
Failing to Address Observations or Oppositions
If an opposition is published and you do not respond in time, your application may be rejected. Monitor the ISPI Bulletin deadlines closely.
Non-Use or Failure to Renew
Lack of use can cause cancellation (lapsing). Additionally, remember to renew every 10 years to maintain legal protection.
Not Monitoring Third-Party Use
Keep an eye on the market. Legal protection exists, but you must enforce it against infringements or imitations.
Proceeding Without Legal Counsel
Under the new Intellectual Property Law, procedures have changed. A specialized lawyer can guide your filing correctly.
Avoiding these errors will allow you to register your trademark with greater security, reduce unnecessary costs, and consolidate your company’s identity in the Salvadoran market.
Tips to Strengthen Your Brand Protection
A registered trademark requires more than just initial protection; it needs a maintenance and expansion strategy to preserve its value. Apply these tips to safeguard your corporate identity.
Register in Multiple Classes
If your company offers various products or services, register the trademark in several Nice Classification classes to broaden your legal coverage.
International Registration
Consider registering your trademark in other countries or via international treaties if you plan to export or franchise your business.
Continuous Monitoring
Periodically oversee the use of similar trademarks in the market. Detecting infringements early allows you to act swiftly.
Licensing and Quality Control
Include licensing or assignment clauses if you allow third parties to use your mark, especially for collective or certification marks.
Correct Use of ® and “Registered Trademark” Symbols
Use proper notices to reinforce protection and deter potential infringers from using your brand identity.
Stay Compliant with the Law
The new Intellectual Property Law introduces digital and documentary changes. Ensure you meet the updated requirements.
Seek Professional Guidance
A specialized intellectual property attorney, such as the INTERBIZNET team, can guide you precisely through every stage of the process.
Why Hire Personalized Advisory?
How INTERBIZNET Can Help You
At INTERBIZNET, we understand that registering a trademark is a strategic decision that directly impacts your company’s protection and positioning. Our advisory provides comprehensive support throughout the entire process:
- Preliminary trademark feasibility diagnosis in El Salvador.
- Professional search for prior art to identify potential risks.
- Full preparation of the application: forms, specifications, and design.
- Filing before the CNR or competent authority, with continuous follow-up.
- Management of oppositions, publication, renewal, and maintenance of the registration.
- Guidance on licensing, assignments, surveillance, and trademark defense.
- Compliance with the new Intellectual Property Law and its digital requirements.
By relying on expert advisory, you reduce risks, accelerate the process, and strengthen your brand as a true corporate asset.
Conclusion: Protect the Value of Your Brand
Registering a trademark in El Salvador is not just a formality: it is an investment in your commercial identity, in the legal security of your business, and in its future value. Thanks to the new Intellectual Property Law (Decree 66) and the updated framework, you now have better tools at your disposal, but also face new requirements.
By following the steps detailed in this guide—sign definition, prior search, application preparation, filing, examination, publication, granting, and renewal—you will be in a solid position to protect your brand.
Avoid common mistakes, plan your budget for fees and timelines, and consider professional advisory to maximize benefits. At INTERBIZNET, we are ready to accompany you throughout the entire process.
Protect your brand with INTERBIZNETFrequently Asked Questions (FAQ)
We resolve the most common doubts regarding trademark registration in El Salvador. If you don’t find the answer you’re looking for, our team can advise you directly.
How long does trademark registration take in El Salvador?
The complete procedure, if no oppositions or obstacles arise, can take approximately 6 to 12 months.
Can I use my trademark immediately after filing the application?
Yes, you can use it, but use does not guarantee legal exclusivity until the trademark is officially registered. It is recommended to start the process before making significant investments.
Must the trademark be used to remain valid?
Yes. If there is no real use of the trademark within the period established by law, a cancellation or lapsing procedure could be initiated.
How many classes should I register?
It depends on the products or services you wish to protect. You can register one or several classes. The more you include (provided you actually use them), the broader your coverage will be, although the cost will also increase.
What happens if someone files an opposition to my application?
The Registry will notify the applicant of the opposition, and the applicant will have a deadline to respond. It may be necessary to present arguments or modify the application. If the opposition is found valid, registration may be partially or totally rejected.
When should I renew the trademark?
The initial term of protection is 10 years from the granting date, with the possibility of renewal for additional equal periods, subject to payment of the corresponding fees.
