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Trademarks and their appropriate protection

By: Lic. Jaime Israel Dávila Gómez, Lawyer

Although the truth is that, the registration of a brand is the most important element for protection, it’s also true that it is not the only one and there are others that, if taken care of, generate integral protection that gives security to its owner. Among these elements, the most relevant are the following:

  1. Analyze and determine all the products and/or services that the brand sells or provides and if the record that it has specifically involves those products and/or services or if additional registrations are necessary.
  2. Renew and make declarations of use in a timely manner in accordance with the provisions within the Industrial Property Law.
  3. Ensure that the brand is used and that there are sufficient elements and evidence to prove it.
  4. Verify if the registered trademark coincides entirely with the brand used. On many occasions, brands have renewals or redesigns which make a new registration necessary.
  5. Hold the necessary licenses or authorizations in case the person using the brand is not the owner. In relation to this and as an example, many times we have the owner is a natural person and who actually uses the brand is a company or legal entity.

The above considerations, in addition to generating complete protection of a trademark, are quite useful in cases where the owner of a trademark faces a contentious procedure, similar to a trial, in which a third party tries to annul the trademark for various reasons.

Finally, you must always take into account various elements that are part of the brand or its use and that could be protected by other figures related to trademarks or intellectual property in general, such as copyright.

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