Trademarks / Commercial Names / Commercial Slogans

What is a Trademark?

It is a sign used to identify and difference products and services owned by a person or company, from those of other owners that are in the market.As one of the main purposes is to state the original enterprise owner of the product, trademark constitutes the central axe of commercialization strategy.

Trademarks become an important asset of the company as, through them, consumer requests and acquire those products, which are nice to him.

Why a Trademark should be registered?

The right for the exclusive use of trademarks is acquired through the registration granted by the National Direction of Industrial Property.Besides, registration enables to impede any third party using the sign without authorization.Thus, avoiding confusion on company’s origin of the products or services that could rise amongst consumers or clients.

Owner of an already registered trademark or under process of, could grant third persons license of use or to exploit it. Besides, a registered trademark can be subject of a Franchise contract.

What happens if I have used a Trademark for a long time but it has not been registered?

You are risking that third persons use the trademark without your consent to identify identical or similar products / services to those you commercialize.Besides, if that third person first registers the trademark, he will acquire exclusive rights on it, despite of the time that it has been used in the market.

If you do not register your trademark, you are risking that all economical and creative efforts you have invested to construct the image of your trademark get lost.

If a competitor uses an equal or similar sign to that of your own, it is possible that your clients get confused and thus not only your earnings lowers but also the image of quality of your products and services becomes damaged.

Which is the difference between Trademark and Commercial Name?

While the trademark distinguishes products or services of an entrepreneur, commercial names identify the commercial or industrial place or the activity of the company.

The exclusive right over a commercial name is acquired by its first use in the commerce and ends when usage of the name is over, or when the activities of the company or commercial place using it stops.However it can be registered before the National Direction of Industrial Property and registration will constitute a presumption of ownership in favor of the holder of the title.

Commercial Name and Firm Name, are the same?

A common mistake is to believe that once the Superintendence of Companies approves the Firm name or denomination, and the company is conformed, the commercial name is automatically protected.Commercial names are independent from the firm names or denominations of juridical persons.

Trademarks and commercial names, which, upon registration are protected against any non authorize use, including the use as firm name of a company.

Despite of the above, when there is no competitive connection; that is when the social purpose of the company is different from the kind of business identified by the protected commercial name, both can co-exist.

Both, trademark and commercial name constitute an asset for their owner.

What are Commercial Slogans?

These are slogans or phrases, which are indivisible jointed to the trademark. Slogans shall achieve same requirements as trademark registrations and cannot affect the rights of third persons.

Why it is recommendable to count with legal advisory prior registration?

One of the advantages of counting with specialized legal advisory and orientation on trademarks, is the knowledge agent has about regulations, processes and steps to be taken towards the full execution of the registration.

As there are different registration alternatives, and numerous international class or classes for the protection of goods, it is recommendable to count with specialized advisory and evaluate the importance of each one of those alternatives to find the most adequate and costless protection.

The specialized agent will perform a previous search to assure that the sign to be filed does not have opposition antecedents in the national market as well as in Andean Community countries, as result of identical or similar trademarks protecting identical or similar products.

What should I do if someone is copying or imitating my Trademark?

With an expert on Intellectual Property advise, a letter of warning is addressed to the presumed violator, informing him over property rights of the imitated sign and requesting to stop with the violation actions.

If the owner of the trademark considers that violation is deliberated, together with the specialized professional, it is suggested to start actions against the violation of Intellectual Rights, which include precautionary measures, administrative tutelage or frontier measures, as the case may be.

It is important that you, as owner of the registered trademark looks forward any action against your rights and take the necessary measures to eradicate the prejudice generated by the violation of third persons.

What is the relationship between names of domain and trademarks?

Names of domain are addresses used to locate Internet sites.Due to the great variety of distinctive signs and competence in the market, it is probable that conflicts between trademarks and names of domain arise; these can lead to violations that are legally punished.In such virtue, a name of domain that is not a trademark should be selected.

In the other hand, if the trademark of your company is being used as name of domain by an unauthorized third person, you can start legal actions towards stopping the illegitimate use of your trademark.