García & Bodán > San Salvador, El Salvador > Firm Profile

García & Bodán
83 Avenida Sur, No 403
segundo Nivel, Colonia Escalón
SAN SALVADOR
El Salvador

El Salvador > Dispute resolution Tier 2

The litigation and arbitration practice at García & Bodán, which specialises in IP enforcement, harnesses the bench strength of offices in Costa Rica, Nicaragua, Honduras, El Salvador and Guatemala to represent major international banks and corporations (including household names such as Sky and Mattel) across sectors ranging from entertainment and media to energy and hospitality. The team is led by office managing partner and regional IP head Julio Vargas, the former president of the Salvadoran Intellectual Property Association, who handles complex administrative and judicial IP cases, and a broad range of anti-piracy, data privacy, e-commerce and tech-related disputes, and Oscar Torres, who heads the Salvadoran litigation department, and has notable expertise in corporate, commercial and labour cases. The practice now benefits from the expertise of three partners, following the promotion in January 2023 of experienced tax litigator and practice director Mauricio Orellana.

Practice head(s):

Oscar Torres; Julio Vargas

Key clients

Crocs

Carnes Procesadas (Grupo Capsa)

Sky International (The DirecTV Group)

Banco Procredit

Mattel

PedidosYa (Delivery Hero)

Work highlights

  • Representing Mattel in the filing of criminal claims relating to counterfeit products infringing the client’s copyright over the Barbie doll and trade marks over the Uno game.
  • Acting for Sky International in administrative trade mark litigation in defence of its Sky trade mark.
  • Successfully defended PedidosYa (Delivery Hero) in administrative trade mark opposition cases.

El Salvador > Intellectual property Tier 2

The intellectual property group at García & Bodán maintains a strong regional presence, coordinating with the firm's other offices in Guatemala, Honduras, Nicaragua and Costa Rica to advise global brands such as PepsiCo, Mattel and Kraft Heinz on the safeguarding and management of their international trade mark, copyright and patent portfolios. The practice’s broad spread of sector specialisms ranges from food and beverages, aviation and telecoms to fashion, hospitality, pharmaceuticals and apparel. In addition to providing a comprehensive service in administrative and judicial IP litigation and enforcement strategies, the practice handles patent matters for entities engaged in scientific research and development, including advising the Ministry of Education, Science and Technology, through the Direction of Educational Technology and the National Centre for Scientific Research of El Salvador (CICES). Experienced litigator Julio Vargas heads the team; he also has expertise in health registrations and domain names matters. Other key figures include senior associate Fermina Bolaños Meardi, who brings to the table strength in patent and trade mark management and regulatory issues related to chemical, veterinary and hygienic products, and associate Rodrigo Benítez Nassar, who manages complex data protection issues.

Practice head(s):

Julio Vargas

Testimonials

Julio Vargas is very diligent and always sends reminders regarding trade marks that are about to expire. When requesting their advice on the registration of brands, his analyses are concise and realistic. For all these reasons, we trust him with our affairs in the jurisdiction.

Key clients

PepsiCo

The Kraft Heinz Foods Company

Grupo Televisa de México

Grupo Lala de México

Crocs

Sky/DirecTV

Converse/All Star

Mattel

PedidosYa (Delivery Hero)

Hurley

Work highlights

  • Advised Mattel on anti-piracy measures to enforce its IP rights against imports from China that infringe its copyright over the Barbie doll and its trade mark over the Uno game.
  • Advised PedidosYa on the registration of its trade mark portfolio in El Salvador and defending the brand against infringement through oppositions proceedings against similar trade marks.
  • Representing Sky International in administrative trade mark litigation in defence of its Sky trade mark.

El Salvador > Corporate and M&A Tier 3

With offices in Costa Rica, Nicaragua, Honduras, El Salvador and Guatemala, the team at García & Bodán benefits from a regional presence when advising domestic and multinational companies from a range of sectors, including aviation, manufacturing, education, retail, telecoms, food and beverages, healthcare and financial services. The team's experience ranges from day-to-day corporate matters to the incorporation of companies in El Salvador, the expansion of operations, and M&A. The team is overseen by Oscar Torres, who was appointed as the firm’s regional director of labour in April 2022 and has considerable expertise in the labour aspects of corporate matters, in addition to tax, energy and aviation issues. Key support in major transactions is provided by senior associate David Claros Flores and associate Rodrigo Benítez Nassar, who specialises in assisting with the constitution, dissolution and liquidation of companies.

Practice head(s):

Oscar Torres

Testimonials

The García & Bodán team in El Salvador, specifically in the corporate and M&A area, are great professionals. They are characterised by providing excellent service and the most reliable advice in their field.

The plus that makes them stand out is the personalised and prompt attention to clients. David Claros stands out as an outstanding associate.

The firm cares a lot about the client’s well-being, and about protecting all their interests.

The lawyers at the firm are very professional, and always express their opinions clearly.

Key clients

Aeroméxico

Logística Comercial El Salvador

First Cash Financial Services

Grupo Lala

Industrias La Constancia

Stanley, Black and Decker

Grupo Almo

Novae

Aliados Agroindustriales El Salvador

Work highlights

  • Advised Scala Higher Education regarding the corporate and tax structure to provide services to universities in Central America, as well as on day-to-day operations.
  • Advised Herbalife distributor Logística Comercial El Salvador on ongoing contractual issues, as well as on day-to-day matters.

Central America > Corporate and finance Tier 2

The first Nicaraguan firm to expand into Central America, García & Bodán now fields teams in Honduras (from branches in Tegucigalpa and San Pedro Sula), El Salvador, Guatemala and Costa Rica; it has also grown its presence in Nicaragua with offices in San Juan del Sur and Tola (led by Eduardo Cabrales, who focuses on real estate and tourism-related transactions in the area) in addition to its original headquarters in Managua. Under the leadership of regional managing partner Terencio García in Nicaragua, the firm is well versed in advising investors into Central America on cross-border acquisitions, while its financing expertise extends to syndicated loans and project finance. Federico Gurdián, who was appointed as regional director of the corporate and transactional practice in May 2022, is also a key contact in Nicaragua. In Honduras, where the firm is noted for its strength in sovereign bond issuances, Vanessa Oquelí handles the full range of corporate and finance matters. Oscar Torres, who also directs the regional labour practice, takes the lead on transactional mandates in El Salvador.

Work highlights

Honduras > Intellectual property

Garnering praise for its ‘availability, coordination and responsibility‘, the Honduras IP team of García & Bodán routinely joins up with its counterparts in the firm’s offices across Central America to assist clients with the management of their regional IP and health registration portfolios. Acting for a host of major multinationals in the media, food and beverages, retail and pharmaceutical sectors – to name but a few – the firm demonstrates strength in trade mark, patent and copyright matters, including administrative and criminal litigation. The ‘knowledgeable, responsible and reliableGraciela Cruz heads the team in Honduras, while Julio Vargas, who is based in the El Salvador office, leads the regional IP practice.

Practice head(s):

Graciela Cruz; Julio Vargas

Testimonials

Availability, coordination, responsibility.

Graciela Cruz is a knowledgeable, responsible and reliable professional.

The personalised service provided by Graciela and her team stands out. They keep in close contact and can resolve urgent issues with a phone call, without additional costs or prior notice.

Work highlights

  • Assisting Novo Nordisk with the procurement and maintenance of all the required Honduran health registrations and licences for its biological and biotechnological products.
  • Advising Mexican and Argentinean pharmaceutical companies Laboratorios Bagó, Bago Group and Armstrong Laboratorios de México on the management of their trade mark portfolios.
  • Acting for Crocs in an anti-piracy action against five importers of counterfeit products in order to seize the items that are infringing on the client’s IP rights.

Nicaragua > Intellectual property

Drawing on the bench strength of eight locations throughout the region, García & Bodán manages the intellectual property portfolios and health registrations of major global brands such as Novo Nordisk across sectors ranging from energy, financial services, food and beverages, and chemicals to retail, pharmaceuticals and telecoms. The team guides clients through administrative and judicial proceedings, and also covers the surveillance of trade marks, patents, industrial designs and utility models, as well as assistance with licensing and franchising matters and due diligence procedures. The team is led by associate Ileana Montenegro, who coordinates with other regional offices to advise the firm’s multinational client base, and regional IP director Julio Vargas, who is based in El Salvador. Another key figure is senior associate Lía Incer Flores, a former director of copyright and related rights at the General Directorate of the Intellectual Property Registry.

Practice head(s):

Ileana Montenegro; Julio Vargas

Testimonials

García & Bodán is dedicated to providing legal advice in all areas of law, offering an excellent service. They are seeking closer relationships with their clients and excellence in the provision of services, with a practical and innovative approach.

Julio Vargas has extensive experience in managing brand portfolios for local and international clients – he anticipates their needs and provides a broad perspective on possible solutions. Lia Incer gives clients assurance that cases will be resolved diligently and efficiently. She is always quick and precise in answering questions.

The responsiveness of Lia Incer is first class – it ranks with the highest service levels of the dozens of lawyers I work with around the world.

I consider them a strong and consolidated team which shows experience and proactivity.

We have trusted this office for many years to provide intellectual property services in several Central American countries, because they have always been very attentive, provide their services promptly and have a high quality of service. Generally, they are in tune with our way of managing our company, so in practice it is very beneficial to work with them since we use similar procedures in terms of technology, billing and collaboration. All the lawyers who have assisted us, be it in Honduras, El Salvador, Guatemala, or Nicaragua, has always stood out for their prompt attention and prompt service. They are agile in their work, which makes it practical to work with this firm.

Key clients

Grupo Televisa

Laboratorios La Santé

Grupo América Móvil/Claro

Novo Nordisk

Bagó Group

Alltech

Yara Costa Rica

Univision Communications

Work highlights

  • Managing the health registration of Yara Costa Rica’s fertiliser products in Nicaragua and El Salvador, as well as the registration of the company as an authorised manufacturer of fertilisers for agricultural use.
  • Advising global corporation Juul Labs on handling its trade mark portfolio in Central American countries and assisting with copyright issues over the protection of accessories’ designs.
  • Advising on the procurement, maintenance and renewal of health registrations for the products of several international companies, including Novo Nordisk, The Kraft Heinz Company, Vitaminas y Minerales and Somex.

García & Bodán ensures uniformity and excellence in its legal services. It is a full-service law firm with eight offices in Central America, located in Guatemala, El Salvador, Honduras, Nicaragua and Costa Rica.

García & Bodán has a team of highly qualified attorneys, who graduated with honours from prestigious national and international universities; recognized for their expertise in complex transactions in a context of rapid change and a competitive business environment and well known for their pragmatic and business-minded approach to the legal issues brought forth by clients.

García & Bodán’s team not only serves and supports its clients in all legal activity required in accordance with their businesses, but also guides foreign investors when entering a new country.

The firm’s main policies are

  • Fast response in a maximum of three hours during office hours and not more than 24 hours during non-office hours.
  • Observance of conflicts of interests at regional level, not at an individual office.
  • Answers always well founded in law, making reference to the applicable law or disposition.

Main areas of practice
Corporate and transactional: García & Bodán has participated in complex transactions, including mergers and acquisitions, corporate restructuring and elaboration of due diligence in a variety of industrial sectors.

Tax: this practice area is one of the supporting pillars to clients in their investments and businesses in Central America. García & Bodán elaborates and develops tax planning services to maximize clients’ profitability, all in accordance with the laws in force in each country.

Banking and finance: the team provides advice on both unique and complex financial transactions, such as: syndicated bank financing, structured finance, sovereign bond issues, private bond issues, project finance, financing of acquisitions and derivatives, purchase and sale of debt portfolios, trusts, among others; as well as in the area of current regulation of financial markets.

Capital markets: our capital markets practice focuses on advising public and private companies seeking to raise capital, and assisting them in structuring alternative forms of financing, advising them on the best capital structures to meet their business objectives.

International trade: this area is characterized by providing support to national, regional and international companies in matters derived from their commercial activity, the efficiency of their import, export and transit processes, as well as the relationship that the companies sustain with the different public-private representatives, contributing together to strengthen their competitiveness and access to markets.

Intellectual property: this practice focuses in litigation of patents and actions against trademark infringement, handling of brand portfolios, brand monitoring, health records and legal advice on copyrights and other IP rights.

Litigation and arbitration: this practice group is in the capacity of solving disputes through the use of dispute resolution mechanisms or, if necessary, through litigation before courts of all the jurisdictions, including specialized courts.

Real estate: it is characterized by its active participation in the most important tourism-related transactions, especially in Nicaragua, Guatemala and Honduras. It provides advice to real estate developers, hotel operators and condominium developers, among others.

Labor: García & Bodán provides labor law services in general, including preventive legal advice, ranging from individual to collective issues, and from administrative labor law to full-fledged litigation.

Energy and natural resources: the firm’s expertise covers all areas and activities of the energy and natural resources sector, including oil and gas.

Department Name Email Telephone
Regional Managing Partner Terencio J. García Montenegro terencio.garcia@garciabodan.com (505) 2264 7790
Managing Partner Julio C. Vargas Solano julio.vargas@garciabodan.com (503) 2264 0977
Partner Oscar J. Torres Cañas oscar.torres@garciabodan.com (503) 2264 0977
Total staff : 6
Spanish
English
AMCHAM
ASIPI
INTA - International Trademark Association
IBA (International Bar Association)
ABA (American Bar Association)
AIPPI (Association for the Protection of Intellectual Property)
Partners : 2