Trademarks, Names and Commercial slogans

A trademark is understood as any sign perceptible by the senses of sight, hearing and smell that allows products or services to be distinguished.

Commercial slogan is the phrase or sentence to announce establishments or commercial, industrial or service negotiations, products or services.

Trade name is the name of a company or a commercial, industrial or service establishment.

They constitute an intangible asset of great value, with enormous effects on the success of a business.

Registry

None provision of the Industrial Property Law requires the registration of the trademark or commercial slogan or the publication of the commercial name, they can be used without registration or publication, but the importance of the registration of the trademark or commercial slogan and the publication of the trade name lies in the recognition of the right of its exclusive and authorized use, in the case of trade names for the purpose of establishing the presumption of good faith in their adoption and use.

We always advise the registration of the trademark and the commercial slogan and the publication of the commercial name, since it is a valuable intangible asset, also avoiding plagiarism or kidnapping that forces to carry out costly and cumbersome legal actions, we have the certainty for its registration and publication that third party rights are not contravened.

Validity

The registration of the trademark and the commercial notice, as well as the effects of the publication of the commercial name, are valid for ten years, renewable for periods of the same duration.

Declaration of real and effective use

It must be submitted during the three subsequent months, counted from the third year of registration of the trademark and the commercial notice or publication of the trade name.