By: Fabiola Torres
Regional Director of Intellectual Property
The assets or goods of a company are not exclusively tangible, but also have intangible goods which are becoming increasingly valued, such is the case of the intellectual and industrial property.
Many times companies do not take into account or do not give importance to this type of goods; However, currently we observe that distinctive signs represent a high percentage of the value of a company, since it is through them that the quality of the products or services that are provided is identified and the reason why consumers prefer such a company. other.
Said intangible values can be made profitable through an economic benefit, for example, licenses to use and transfer distinctive signs; regarding the latter, the Law on Trademarks and Other Distinctive Signs of El Salvador determines that: "The right to a trademark registered or in the process of being registered can be transferred by an act inter vivos or by succession." The aforementioned article also applies to advertising expressions or signs; in the case of trade names, these can only be transferred together with the company or establishment using the trade name.
The transfer of the brand can be carried out by means of an authenticated private document or by means of a public deed. The corresponding contract must have some essential elements such as: identification of the parties, declaration of domain of the right, price (it can be free or onerous), obligations of the parties and acceptance, among others.
For the transfer to take effect against third parties, it is required that the instrument be submitted to the Intellectual Property Registry, together with the application and cancellation of fees for the registry service. The aforementioned can be presented by the assignor and assignee or by one of them.
Once the established requirements are met, the Intellectual Property Registry The transfer will be registered, leaving out the corresponding entry.