Can the trademark application be opposed and what is the opposition period?

Yes, during the two months following the date of the first publication in the Official Gazette, any person claiming to have a genuine interest can file an opposition against any trademark application. The trademark law and regulations do not provide extensions of time for this type of action. All admitted applications have to be published in a major newspaper for informative rather than opposition purposes.

What does an opposition procedure involve?

Once an opposition is filed, the Registrar verifies that all the requirements under the local law have been satisfied. If so, a resolution admitting the opposition is issued and served upon the applicant, who will have two months to answer it. Once the opposition is answered, the Registrar has one month to render the final resolution.

How long does the opposition procedure last?

According to the law, an opposition procedure should last four (4) months. However, since serving the opposition takes longer, the whole procedure normally takes approximately six (6) months, if further delays are not encountered.

What recourse is available in trademark infringement cases?

The following actions are available in El Salvador:

Revision Recourse: A recourse is filed before the Registrar who issued the resolution. The law provides three days for filing the recourse after the resolution has been served. The recourse writ, including the arguments, is filed at the Registry of Industrial Property. The arguments are discussed in a hearing where the Registrar and all interested parties are present.

Reverting Petition (Reconsideration): If the revision recourse verdict is not favorable, one may file a reverting petition before the Chief of the Registrar who issued the resolution. Such a recourse must be filed verbally at the revision hearing. A new hearing will take place before the Chief Registrar, who issues a verdict 8 days following the hearing.

Appeal: If the verdict of the reverting petition is not favorable, the law provides for an appeal before the Director of the Registry.

The appeal must be filed in written form including the arguments. The Director will then provide the parties with a 10-day period for the filing of evidence, following which it will issue its verdict.

Besides trademarks, what other intellectual property rights are capable of protection in El Salvador?

Patents, designs, copyrights and trade secrets are protectible under the laws of El Salvador.

Patents
For an invention to be patentable it must be a solution to a technical problem, which is also useful; new; and non-obvious to a technician in that particular field. Protection is obtained by filing a patent application with the Registry of Intellectual Property (Registry). Before filing, an examination services agreement between the applicant and the Registry must be made and the examination fees paid. The extract must then be published and the invention, as a whole, examined by either the local examiners at the Registry or by a foreign technical institution of the Registry's choice. Patents last for 20 years from the filing date and are non-renewable. Pharmaceutical patents are granted for 15 years.

Designs
To be registerable, designs must be two- or three-dimensional forms or shapes that, when incorporated to a product, give it a special appearance and can be used to model or manufacture it. Protection is obtained by filing a patent application with the Registry. Before filing, an examination services agreement between the applicant and the Registry must be made and the examination fees paid. The extract must then be published and the design, as a whole, examined by either the local examiners at the Registry or by a foreign technical institution of the Registry's choice. Protection lasts for five years and is renewable for one further five-year period.

Copyrights
Copyrights are provided for artistic, scientific and literary works. Protection is obtained from the moment of creation by its author. However, it can be deposited at the Registry, which will issue a deposit certificate. Protection lasts for the duration of the author's life plus 50 years after his death. If a company is the author, protection lasts for 50 years from the subsequent year to public communication.

Trade Secrets
Trade secrets are undisclosed information that provides its owner with an advantage over third parties in the market. Trade secrets are protected in the same way as confidential information and industrial secrets. It is not registerable. Protection lasts for as long as the information is kept in a confidential manner, in a safe place and with restricted access. Contractual protection is the best way to safeguard these rights.