Starting a business is not an easy task: creating an idea, looking for clients, paying taxes, waiting for bills to be paid, among other activities, can be quite overwhelming and stressful. For this reason, it is common for entrepreneurs to leave legal aspects until last, such as verifying that the marca to be used is not previously used by another competitor in the market or they forget to take protective measures to prevent it from being copied by third parties. However, being the marca the most important asset of a company, these tasks should be the first to be verified.

In fact,  the “marca” is the distinctive sign with which consumers will recognize the products or services offered. This will allow it to have a position in the market and for the company to survive over time. That is why before spending money on advertising or design, you should check that the marca that is intended to be exploited is not previously used by another company. Failure to do so runs the risk of lawsuits arising in the future for improper use of a trademark that was already registered, which would require incurring legal fees and would eventually lead to the loss of investments made in advertising.

On the other hand, if the brand is new and is being positioned, it could lead to third parties copying it to “steal” the acquired clientele, a circumstance that could be avoided with the corresponding trademark registration of the Superintendency of Industry and Commerce (SIC). with which the necessary judicial actions could be initiated to obtain its protection and thus stop the actions constituting unfair competition.

In conclusion, if you want your brand ROAR you must make sure that it meets all legal requirements so that you can exploit it freely.

AUTHOR
Juan Luis Palacio Puerta
Legal Director of Lyown Group