Originality is undoubtedly a characteristic, and why not say it, a virtue inherent in all human beings. Each of us was uniquely created by our Creator, with DNA, traits, and qualities that make us irreplaceable. There is no other person in this world exactly like us.

Similarly, every business, whether in its initial stages or already established, must have originality at its core. This authenticity, novelty, and essence are the elements that will differentiate it from others. The products and services offered must reflect these distinctive characteristics to stand out in a competitive market and, thus, build a strong brand identity.

What is a trademark? According to Guatemala's Industrial Property Law , a trademark is defined as: “Any visually perceptible word, figurative, three-dimensional, or mixed sign that is capable of distinguishing the products or services of one individual or legal entity from those of another.” A trademark may consist of words or sets of words , coats of arms, numbers, monograms, figures, portraits, labels, prints, vignettes, borders, lines and stripes, combinations or arrangements of colors; the shape, presentation, or packaging of products, their containers or wrappers, or their local means of dispensing.”

 We are surrounded by brands in our daily lives. The products we consume and the services we prefer are identified by brands that, in addition to being attractive, must be original enough to stand out. A memorable brand not only differentiates a product or service but also leaves a clear and positive impression on the consumer's mind.

For female entrepreneurs, protecting their creations by registering their trademark with the Intellectual Property Registry is essential. This protection not only covers the products or services represented by the trademark, but can also include designs and collections as copyrighted works . In this way, the law protects creators from potential misappropriation by third parties.

It's exciting to see how Guatemalan women entrepreneurs stand out for their creativity and innovation, leading original and brilliant businesses. In the market, we find a wide variety of products and services: jewelry and costume jewelry.  Handcrafted by skilled artisans; handbags designed for every occasion; cakes decorated to each customer's taste with the most ingenious culinary creations; boutiques where we find clothing tailored to each consumer's preferences ; natural food specially prepared for our pets with health conditions, among other things . In the service sector, restaurants stand out with menus ranging from the healthiest to the most indulgent, all boasting unique creativity and high gastronomic standards; beauty salons and spas with top-quality service; charming boutique hotels; cat trainers and caregivers specializing in felines; companies offering decoration services for all the important events we experience; there are excellent image consultants; business consultants, financial consultants, and so on… the variety is endless, with each business being different and original.    

The key to success lies in always preserving your originality and legally protecting your creativity, innovation, and effort. This is the path to success and distinction in a world full of possibilities.

By: Roxana Romero de Gamero

Novis Legal Studio

rromero@novislegal.com