By: Némesis Escalante y Natalia Cruz
Trademarks are referred to as that which identifies or distinguishes a thing, gives exclusivity, introduces to the market, has exclusive rights, and is defensible.
In the management of intellectual property and assistance to SMEs, it should be taken into account that trademarks and creative designs appear in everyday life. Everything starts with an idea, in this case, the business can be taken as an opportunity or as a problem. The business model must be taken into account, validating if the idea is viable or not, in addition to being sustainable, medium and long-term goals must be drawn, detailing everything in the business plan and starting the business by developing the product and introducing it to the market.
It should be taken into account that business models cannot be protected, since they are ideas, but the elements that compose them can be protected via Intellectual Property.
The intellectual property tools that could be used to support the business model are:
Budgeting the costs of protection, since the most accessible form must be sought for the medium and small entrepreneur.
Identify intangible assets, recognize them in order to protect them.
Perform an exhaustive search to ensure that the trademark is not infringed.
Always look for its commercialization.
To know well the market to which they are exposed.
Take into account that the trademark, the patent, and the industrial design are seen as a whole so that it is easier to associate them with each other.
On the role of trademarks in commerce
Trademarks are a strategic component of the market. They are intangible goods, therefore, the only way to protect them is legal, through intellectual property, and thus prevent copying or counterfeiting.
It is important to take into account that it is not mandatory to protect a trademark, patent, or industrial design so that it can be put on the market and be marketed, but it is necessary to protect it legally, this should be taken into account from the beginning of the business plan, and thus choose the right trademark. It should be taken into account that it can be a commercial brand to capture the attention of consumers or a legal brand that is susceptible and protected in all sectors.
The Secretariat of Central American Economic Integration SIECA provides technical assistance to the public and private sector through the development of the capacities that each company has, and thus, seeks to promote the observance of their rights in Intellectual Property.
Intellectual property goes hand in hand with commerce in all its sizes, being large, medium, and small companies. To maintain success it is necessary to register the trademarks of your products, and thus protect them as they are very important intangible assets to survive in the domestic market and thus be able to expand internationally.
You can see the infographic about the most important aspects of this process:
