Although registering a trademark may seem sufficient, the truth is that keeping it protected requires constant attention. The following are the most common mistakes and how to avoid them.
1. Not using the mark for five years
This is the most frequent mistake in El Salvador. If a mark goes five years without real, provable use, any interested third party can request its cancellation. You may be wondering: what does “real use” mean? It means the mark must be visible in the market: on products, services, invoices, advertising, packaging, contracts. If you cannot prove that use, the mark is lost.
2. Using it… but without keeping evidence
Many companies do use their mark, but do not keep proof. When a cancellation request comes in, the burden of proof falls on the owner; without documents, photos, invoices, or campaigns, the mark is left defenseless. The recommendation is simple: document everything.
3. Not renewing the registration on time
Distinctive signs in El Salvador are renewed every ten years. If the deadline passes and the renewal is not filed, the sign automatically lapses. This is a very common mistake, and it can cost years of positioning for your sign.
4. Registering the mark with elements prohibited by law
If the registration was obtained by copying others’ signs, imitating famous marks, or using elements prohibited by law, the registration can be rejected.
Because these prohibitions can block your mark before it ever reaches registration, it is advisable to conduct a prior search and seek proper legal advice.
5. Not monitoring the mark against third parties
If you do not monitor new registration applications, imitations, or acts of unfair competition, your mark can lose distinctiveness. Active monitoring is key to preventing third parties from weakening your right.
In summary, trademark protection does not end with registration; it depends on use, documentation, renewal, and constant monitoring.
Avoiding these mistakes is the best way to ensure that your distinctive sign remains yours and continues to hold value in the Salvadoran market. At Ignite Business Law, we are ready to support you at every stage of protecting your distinctive sign. Your brand deserves to be secure, and we are here to help you achieve that.
