El Salvador: Cogito Ergo Sum: “Think therefore I exist … REGISTER”

Written by:

Francisco Medrano

 

We love creating! It is in our nature.

One of the main characteristics of the human being is the constant ability to create and generate new ideas that are used in many areas of our lives. In this article, we will focus on trademarks and distinctive signs such as the creation generated by new entrepreneurs that currently arise.

 

It is important in the first place, give a legal meaning to the concept “Trademark”, for which we will base on current Regulations, which state that a trademark is any sign or combination of signs that allows distinguishing the goods or services of a person from another. As can we notice from this definition, the importance of the trademark lies in the possibility that any person has to identify, and differentiate their products or services of another person or another company.

 

As a general rule, it is often thought that by the fact of being the creator of a trademark concept, I am the legitimate owner of it and therefore, I am empowered to dispose of it freely; or it is often believed that by being the creator, I can prevent the use of a similar or identical trademark to cover products or services similar to those  my economic activity provides… This statement is the main mistake made by those creators of trademark content.

 

The trademark legislation of El Salvador, and in general of many Latin American countries, establish that, the power of use, free disposition and protection of a trademark against third-party competitors, is exclusively acquired with the legal obtaining of the corresponding registration before the Intellectual Property Office. This legal provision indicates between the lines, that although I may be the creator of the trademark concept, I do not have any rights over it until I have accessed and obtained the registration process in my favor.

 

Based on the regulations, the main objective of this article is to promote in the entrepreneurial market, the importance of the Trademark registration that are the product of their creativity; with the purpose of be the legitimate users of the trademarks; but mainly, be abble to take all the legal actions against those competitors who unfairly carry out actions that affect their commercial activity, such as the diversion of customers.

 

If a timeline could be drawn, after the idea came up, which in this case is the creation of the trademark, the first step in the branding process is to start the registration process! A recurring error in entrepreneurship, often due to the impetus to start a new project and other times due to lack of specialized legal advice, is the beginning of the use of the trademark, the execution of advertising, creation of social networks, and what is worse, start with the sale of products or services; when my company still does not have the certainty that the trademark can be registered in their favor or when the ownership of the trademark corresponds to another Company.

 

It is highly recommended, that prior to starting the use of the trademark, your company can request specialized legal advice to guide the registration process and provide specific recommendations; that allows making the correct and necessary decisions for the business.

 

The trademark is one of the few assets of your Company that increases in value over time. If the trademark is well and continuously used on your local market, it will surely gain recognition for itself, and consequently, increasing its value. This is the main importance of it and its protection. Mistakenly, companies forget the importance of investing on the trademark and managing it correctly, as they would in any other Company asset, prioritizing investment in other areas that offer more tangible or with shorter-term results.

 

Every time you think about starting or launching a new product or service, remember: “Think, create and then START THE REGISTRATION PROCESS”. This recommendation will be vital for your business activity.

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