Five years ago started the boom and expansion of the well-known “Black Friday” in Central America. Since that date, hundreds of commercial establishments take advantage of the occasion to maximize their sales during a Friday, or as well during the whole weekend, putting within reach to the consumers their best offers and products with special and attractive discounts.
Unlike the American tradition where all the businesses identify this date with the sign Black Friday, our countries are limited by the registry of this term as a trademark by a private company, for which the merchants have had to test the ingenuity and innovation to create novelty, related, but at the same time distinctive terms, that do not fall into infractions against the registered trademark and that call the attention of the consumers to their offers.
In advertising allusive to this discounts season we can found terms like Black Week, Red Weekend, Dark Friday, Viernes Loco, Mega Black Weekend, Black Movies, among others; terms that not only have to take into account the registered trademark, but also that do not incur in contemplated prohibitions in the trademark legislation of each country, that are sufficiently distinctive, that does not go against the order or moral, that does not create a functional or technical advantage of the products or services or that infringe any right of third parties by using signs that are already registered.
Previous the use of commercial nominations is ideal to verify if these are free to be used and registered, through the search of registry background, and subsequently ensure its protection through the inscription as a trademark or as a slogan related with an in-house trademark.
The important is: not infringing the third parties rights, neither the local legislation; not staying behind in a commercial age in such demand and ensure to protect the fruit of creativity and invention.
Senior Associate
García & Bodán
Nicaragua