Brand Protection: Safeguarding valuable Intellectual Property assets

By: Nadya León, Brand Protection Associate

Since its founding in 1978, our firm, Romero Pineda, has been a pioneer in the field of Intellectual Property. This area encompasses various divisions, such as Trademarks, Brand Protection, Patents, Utility Models, Copyright, among others. In this month dedicated to Intellectual Property, we are pleased to begin by sharing information about one of our key divisions: Brand Protection.

In our division, we provide legal advice and specialized services to our clients with the aim of safeguarding their Intellectual Property, preventing unauthorized reproduction or counterfeiting of their products by third parties, and thus avoiding any confusion among consumers. These illicit practices not only result in significant economic losses for our clients but can also damage the reputation and image of the brand, especially when the copies are of low quality or pose a risk to health and the environment by not complying with the safety standards set by the owners.

Among the measures we implement are oppositions and administrative remedies to prevent the registration of similar or identical distinctive signs. These preventive actions before the trademark authorities aim to avoid possible infringements or unfair practices in the market. To this end, we carry out constant monitoring of distinctive signs publications in the Official Gazette through our trademark monitoring service.

Despite our surveillance efforts and the administrative measures available, there is the possibility of malicious registration of trademarks, which can affect the rights of our clients and require legal action before commercial courts.

In cases of infringement, we can also take measures las at the borders, requesting the suspension of the import, export, or transit of goods that allegedly infringe trademark or copyright rights, in addition to initiating corresponding criminal actions. These actions are punishable by imprisonment for 2 to 4 years, depending on the severity of the offense.

Intellectual Property is enshrined as a fundamental right in the Constitution of the Republic in Article 2, and Article 103 recognizes and guarantees the right to private property in a social function, as well as intellectual and artistic property as established by law. In this regard, El Salvador has ratified international treaties and has specific legislation on Intellectual Property and Trademarks, creating a conducive environment for international investment.

Our Brand Protection team continuously monitors the market and develops various strategies to prevent the dilution of distinctive signs and protect the reputation of our clients' assets. Additionally, our staff receives ongoing training and stays abreast of national and international jurisprudence to effectively defend our clients' valuable assets.