Amendments to El Salvador Trademark Law

By Edy Guadalupe Portal, Portal & Asociados

On May 15, 2013, the amendments published in the Official Gazette on May 6, 2013, concerning the Trademark Law and other Distinctives came into force. The fundamental change consists of the introduction of “geographical indications” as another distinctive sign that can be applied for registration and protection. Geographical indications consist of signs that identify products with certain characteristics or a well-known reputation which link them to their place of origin or production. Salvadoran Law did include the geographical indications definition, however, it did not establish a registration procedure. It did establish a registration procedure for designations of origin but with stricter requirements.

The amendment will benefit local producers that could not comply with registration requirements for designations of origin. Who in El Salvador does not associate Olocuilta with rice pupusas, Cojutepeque with its deli meats, La Palma with its crafts painted with characteristic patterns and Ilobasco with clay miniatures? Well, with the amendment the producers of these municipalities will be able to claim exclusivity in the use of these regional names associated with their own products, which they have produced with effort and pride.

It is important to note that the use of this type of sign is available for all producers in the area as long as it complies with quality standards and the minimum requirements established in the regulations of use of the geographical indication, which will contribute to preserve the characteristics and reputation of the product.

Another advantage is that with the registration of geographical indications, the products identified as such will be granted an equivalent protection in other countries, opening the way for new markets abroad for the various Salvadoran products.