Filing
The filing date of a Salvadorian trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same but the priority date will be the one claimed.
Formal Examination
Within 15 working days from the filing date
The Trademark Office will determine if the application meets the formal requirements and analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
Publication
Within 6 months after the end of the examination period
Once the examination period has ended and no objections were raised, the trademark will be published three times in the Official Gazzette.
The mark also has to be published three times in a “local newspaper of major circulation”.
Opposition Period
2 months as from the first publication date in the Official Gazette
The opposition period starts as soon as the trademark is published for the first time in the Official Gazette and ends 2 months after the first publication in the Official Gazette.
Substantive Examination
Registration fees
3 months counted from the day of the granting resolution
After the Trademark Office issues their decision to grant the application, the applicant has 3 months to pay the registration fees.
If the fees are not paid, the application will be declared abandoned.
Granting
Approximately 8 months counted from the filing date
If no obstacles are found, the Salvadoran Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
Certificate of Registration
Once the registration fees have been paid, a paper registration certificate is issued.
The filing date of a Salvadorian trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same but the priority date will be the one claimed.
Within 15 working days from the filing date
The Trademark Office will determine if the application meets the formal requirements and analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
Within 6 months after the end of the examination period
Once the examination period has ended and no objections were raised, the trademark will be published three times in the Official Gazzette.
The mark also has to be published three times in a “local newspaper of major circulation”.
2 months as from the first publication date in the Official Gazette
The opposition period starts as soon as the trademark is published for the first time in the Official Gazette and ends 2 months after the first publication in the Official Gazette.
3 months counted from the day of the granting resolution
After the Trademark Office issues their decision to grant the application, the applicant has 3 months to pay the registration fees.
If the fees are not paid, the application will be declared abandoned.
Approximately 8 months counted from the filing date
If no obstacles are found, the Salvadoran Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
Once the registration fees have been paid, a paper registration certificate is issued.
Useful Information
According to the applicable law, a trademark has a period of 5 years after its registration in which it cannot be cancelled. After that, any third party can apply for a cancelation action due to non-use.
It is relevant to also note that the use of the mark is not evaluated ex officio by the ESTMO, nor the owner has to file periodically any prove of use. The evaluation of the use of a trademark is only done in the eventuality that a cancelation action is filed.