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A mark is a sign used by merchants to identify their products and/or services in the marketplace, and to distinguish them from products and/or services of the various competitors. Is the seal that allows the consumer to choose a product and/or service instead of another of the same or similar characteristics.  

An advertising slogan, or more commonly, a Slogan, is a distinctive phrase that accompanies a mark registered by a merchant, and is aimed at highlighting the distinctiveness of the mark that identifies a product and/ service.

The registration of a mark grants its owner an exclusive right thereon, meaning that the owner is able to act against those who seek to infringe such right. Accordingly, if you do not protect your brand, you do not have any right to use the legal tools available for its defense. It is important to note that the right on a mark is granted exclusively by the registry, not by the use. The person who first seeks the protection of a brand or slogan will be the one being granted the right of exclusivity.  

Before requesting the protection or registration of a mark, it is advisable to carry out a trademark history search, which will allow for a glimpse of the percentage of success of the protection. If the alleged mark is similarly confusable with a previously registered mark, the chances of success will be scarce. On the contrary, if the mark has enough distinctiveness, the percentage of success will be high. The trademark history search is aimed at saving time and money to avoid initiating a protection procedure before the competent authority for marks lacking a good likelihood of being registered.  

There are various types of marks, among which: 

• Nominative: Composed only of words without a defined font or design. 
• Mixed: That in which the nominative part is accompanied by a specific design. 
• Figurative: Composed only of a design, without words. 

The duration of this action will depend on the different stages traversed, since not all of them need to be pursued at all times. In general, these actions will have a duration of between 4 and 12 months.  

The mark shall be protected for a renewable 10-year term. For protection to become effective, you must pay the corresponding official rates.  

 Our Law Firm monitors all the marks of our clients during their term.  

In the event that a duly registered mark is the subject of an infringement by a third party, our Law Firm has a team of Attorneys specialized in this field, who will adopt a strategy of defense prior study of the case with the accompaniment of our client.   

Our Organization, as a Law Firm specialized in this particular subject, will adopt effective strategies for the protection of the relevant rights. Not using the services of an expert will result in the loss of time and money because there are terms and legal bodies that need a very close monitoring.  

Our Law Firm will inform its service rates at the request of the person concerned. Our services are highly cost-effective, thus allowing our customers to protect extensively the diverse intellectual property rights he/she holds. For more information, please click here.