Industrial Property and protection of the Trademarks in Costa Rica

When we talk about trademarks, we are referring to the signs that differentiate the services or goods, therefore these trademarks will have elements that make them stand out on their own.

In addition, this are allowed to be included into a trademark:

• Numbers

• Words / Letters elements

• Sounds

• Monograms

• Lines, borders, and stripes

• Portraits

• Prints

• Colors

• Figurative elements

In addition, you are allowed to add names of places, nevertheless, the names must be sufficiently distinctive, and the use it should not likely cause confusion as to the origin, provenance and qualities or characteristics of the products, it has to be allowed for its use in Costa Rica.

Prohibitions about the registration of trademarks:

1. It may not be an isolated color, letter, or number.

2. Is not distinctive

3. Imitations

4. Identical or similar to recently expired ones, for three years, except the ones for collective trademarks.

5. Inappropriate language

6. If the trademark is cancelled due to dissolution or disappearance of its owner, for the term of 10 years.

7. Morally contrary

The trademark is different than a commercial name and advertising slogans. The trademarks are categorized based on their purpose. Additionally, taxes and stamps are paid per category.

The same trademark can be classified in more than one category according to the Nice Classification (World Intellectual Property Organization), this is the international classification of goods and services used for the trademarks.

The sample of some of the categories are the following:

• Chemical products

• Pharmaceuticals

• Services of management

• Legal Services

• Banking Services

• Education Services

• Food and beverages

• Medical care

• Alcoholic beverages

Additionally, the categories are identified by a number.

There are a few considerations you should know before filling in the application. The first step is to proceed with the preliminary study; and then, you can find out if the trademark is available.

Once you decide on the trademark and categories, the next steps are the following:

1. Have the power of attorney to proceed

2. Submit the form with the request to the National Registry, this is the government institution entrusted with property ownership.

3. The National Registry will proceed with a case study

4. Application will be in course

5. Once it is filed, we will wait for the results and during this period, the National Registry will submit their notice.

6. The notice must be published 3 times for 15 days on the national newspaper “La Gaceta”, and we must wait for an objection of any party.

7. There is a term of two months for oppositions

8. Upon the procedure is completed, we will obtain the certificate of the trademark.

Moreover, if in the future there is a publication of a possible trademark similar than yours, protecting the same services and depending on the circumstances, you can proceed with the opposition of that trademark.

In Costa Rica the registration of a trademark is not mandatory. The limitation is that it must be used ONLY for the categories authorized.

You must use it within the first 5 years, in order to avoid cancellation against your trademark due to non-use. The Industrial Property department determines whether or not you lose your trademark.

How can I prove that a trademark is been used?

• Invoices

• Advertising guidelines

• Social media

• Company

• Contracts

• Clients

• Marketing

The trademark will be valid for 10 years, so you will have to renew it after a decade.

The average time of registration is between 6 to 9 months, the procedure may take longer if there is opposition.

Regarding renovations, you can proceed with the renewal 12 months before it expires.

Also, the trademark is useful for your business and its recognition.

The benefits:

• Value proposal

• Marketing

• Strategic trade

• Recognition

• Trust

• Credibility

• Protection

• Grants the right to use

Our team will need a power of attorney to proceed on your behalf.

To overcome the process of registration contact us, our team will be more than happy to help you.