To file a trademark in Costa Rica, the application must be processed before the National Registry, as they are the authority responsible for managing intellectual property registration applications in Costa Rica.
What is a trademark in Costa Rica?
A trademark in Costa Rica is a mark is any sign or combination thereof, capable of distinguishing goods or services; namely words and sets of words -including names of persons, letters, numbers, numerals, figurative elements, monograms, pictures, tags, heraldry, lines, traces, patterns, combinations and dispositions of colors (not as an isolated spot) and sounds. Likewise, it may consist of the shape, presentation, or disposition of products, their packaging or wrapping, as well as the channels or places in which the products or services are sold.
The definition for a mark includes as registrable regarding colors “combinations and arrangements of colors” (article 2, Trademark Act). Isolated colors are not registrable.
The following trademark types are registrable: trademarks, service marks, collective marks, certification marks, trade names, slogans, emblems, geographical indications, and indications of source.
Costa Rica follows the “ First to Use” principle, which means that the right to register a mark belongs to the earliest bona fide user of the mark or to whoever first applies if there is no prior use.
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.
- TM information
- Name of the trademark (if it is a design or combination of word + design, we need the corresponding specimens)
- Class/es in which the application is to be filed (or goods/services to be protected). It is also advisable that you send us the description of goods/services so that we can make an appropriate translation and re-classification that will be accepted by the PTO in the different countries.
- Complete name and address of the applicant and state/country of incorporation.
- Priority number and date (if priority is to be claimed); an application can be filed claiming priority within 6 months of the filing date in any country member of the Paris Convention.
- 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 Apostille.
- A certified copy of the priority document (if appropriate), which has to be notarized by a Notary (if appropriate), per country, per trademark, per class. A scanned copy will suffice as well.
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 verify that their distinctive sign is available to follow the application process. There are also some restrictions on what can be considered applicable.You can get in touch with us and we can help you with the restrictions and we can proceed with a search free of charge.
- Submission of Application: Once the trademark application is filled and sent out, the National Registry will review for any errors and missing information to be completed.
- Examination: The examination procedure begins with the filing of a trademark application form. They will verify that the application complies with all the formal requirements.
- Opposition: Once the application is verified, it will be published before the Costa Rican Intellectual Property Gazette. Third parties with interests will have two months from the date of first publication to file an opposition and submit additional evidence.
- Formal examination: Once the opposition period is finalized, the examiner determines whether the application fulfills all requirements, such as the name of the applicant, nationality, address, and correct goods or services classification.
- Review of the application and Trademark Certificate: If the application does not receive an opposition, the registration certificate will be issued approximately in 15 business days.
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 Argentina.
