To file a trademark in Costa Rica, you must submit the application directly to the National Registry, which oversees all intellectual property registrations in the country.
What is a trademark in Costa Rica?
In Costa Rica, a trademark includes any sign that distinguishes goods or services. For example, this may involve words, names, letters, numbers, images, colors (in combination), sounds, or the shape and packaging of a product.
Although the law allows combinations and arrangements of colors, it does not accept isolated colors as registrable trademarks.
You can register several types of marks in Costa Rica, including trademarks, service marks, collective marks, certification marks, trade names, slogans, emblems, and geographical indications.
Importantly, Costa Rica applies the “First to Use” rule. This means the right to a mark belongs to the first bona fide user—or, if there is no prior use, the first applicant.
Contact us to initiate the process of filing a Trademark in Costa Rica. Click Here.
How to file a trademark in Costa Rica?
To file a trademark in Costa Rica can be done personally; the form must contain at least the following:
Note: A trademark application in Costa Rica must be filed in Spanish. Filing in a foreign language with late submission of Spanish translation is not possible.
Our in-house translators can assist you.
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Trademark Information – Required Documents
To begin the process, please provide the following details:
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First, the name of the trademark. If it includes a design or a combination of word and design, please send the corresponding specimens.
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Next, specify the class or classes in which you wish to file the application, or list the goods/services to be protected. Additionally, we recommend that you include a description of the goods/services so we can provide an accurate translation and classification that aligns with the requirements of the local PTO.
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Then, include the complete name and address of the applicant, along with the state or country of incorporation.
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If applicable, provide the priority number and filing date. You can claim priority within six months of the filing date in any member country of the Paris Convention.
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Moreover, include a Power of Attorney signed by the applicant or an authorized officer of the applicant company. The signature must be notarized by a Notary Public and legalized with an Apostille.
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Finally, attach a certified copy of the priority document (if applicable), which should be notarized depending on the country’s requirements. A scanned copy is generally sufficient.
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Also, you may need to file a patent in Costa Rica.
How is the process of filing a Trademark in Costa Rica?
Previous Search
Applicants must first check whether their distinctive sign is available before proceeding with the application. Some restrictions apply to what qualifies as a registrable trademark. You can contact us for assistance with identifying those restrictions, and we will gladly conduct a free preliminary search. [Click here to initiate the search.]
Submission of Application
Once the applicant files and submits the trademark application, the National Registry reviews it for errors or missing information that need correction.
Examination
The Registry begins the examination process by confirming that the application meets all formal requirements.
Opposition
After the Registry verifies the application, it publishes the trademark in the Costa Rican Intellectual Property Gazette. Interested third parties have two months from the first publication date to file an opposition and provide supporting evidence.
Formal Examination
Once the opposition period ends, the examiner assesses whether the application meets all necessary conditions, including the applicant’s name, nationality, address, and proper classification of goods or services.
Review of the Application and Trademark Certificate
If no one files an opposition, the National Registry issues the trademark registration certificate within approximately 15 business days.
Click here to initiate the search.
FAQ
- How long does a Trademark Registration take? Approximately 5-6 months, if there is no incident that delays the process, this is because there are within the procedure periods established in the Law that must be respected.
- How long does the right to a Trademark last? The validity of the Trademark is for 10 years, according to the Industrial Property Law, if after this time you want to maintain the right, you must request its renewal 12 months before expiration.
Check out our blog for more information in Intellectual Property.
Representation by a Intellectual Property Agent
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client
Goytia & Associates has local offices in Argentina and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
Do you need to file a trademark in another country?
This content may suffer modifications due to updates in the official regulations of Costa Rica.
