TRADEMARKS FILING AND PROSECUTION COSTA RICA
A trademark is a sign that is registered to distinguish a product or service in commerce. There are other types of signs used in trade that can also be registered with the Costa Rican Intellectual Property Office (DINAPI), such as logos, designations of origin, geographical indications, collective marks and certification or guarantee marks.
In order to legally protect a trademark or other sign used in commerce, it is necessary to register it with the Costa Rican Intellectual Property Office (DINAPI). In Costa Rica, trademark protection is granted according to the provisions of Law No. 7978 of 6 January 2000 on Marks and Other Distinguishing Marks (amended to Law No. 8632 of 28 March 2008).
Trademark in Costa Rica may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
A trademark typically consists of a name, word, phrase, logo, symbol, design, image, or a combination of these elements. In addition to conventional trademarks, Costa Rica also allows the registration of non-traditional trademarks, which may include marks based on colour, smell, or sound.
A registered trademark grants the owner exclusive rights to use it in relation to the registered goods or services, or to authorize another party to use it in exchange for payment. Trademark protection helps prevent unfair competition, such as counterfeiting, by prohibiting others from using similar or identical marks to market inferior or unrelated products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark, and can license it to the third parties, sell it in return of sum, use it raise equity for business undertakings.
| Relevant office | Costa Rican Intellectual Property Office (DINAPI) |
| Filing principle | First to use |
| Nice classification | YES |
| Paris convention | YES |
| Madrid system | NO |
| Multi class system | YES |
| Documents required for filing a trade mark application | – Power of attorney legalized. – Certified copy of the priority document (if claimed), – Certified copy of certificate of incorporation |
| Prosecution process | Filing, examination, publication, registration, renewal |
| Registration term | 10 years from the date of application |
| Renewal term | 10 years |
Trademark searches in Costa Rica
A trademark search in Costa Rica can be conducted for both word and device marks. It is advisable to carry out a search prior to filing a trademark application to determine the availability of the mark and to identify any prior identical or similar trademarks on the register. This helps to avoid objections or oppositions during the registration process.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Costa Rica.
Filing trademark applications in Costa Rica
A person may file multi-class or single class trademark application in Costa Rica.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary application in Costa Rica
Ordinary trademark applications filed in Costa Rica are applications without claiming any priority. Multi class trademark applications may also be filed in Costa Rica. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority trademark applications in Costa Rica /Convention trademark applications Costa Rica:
A priority trademark application may be filed in Costa Rica. A priority trademark application should be filed in Costa Rica within 6 months after the date on which the application was made in the convention country.
Paris convention
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Costa Rica within six months after the date on which the application was made in the Convention Countries.
Trademark classes for goods and services
Costa Rica follows the nice classification of classes. Intellectual property office of Costa Rica uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defined list of terms and cover all the goods and services.
Trademark Examination in Costa Rica
Once the application for the registration is submitted it goes through the examination process which consists of examination on the basis of Absolute and relative grounds of refusal.
Trademark Opposition in Costa Rica
Any interested person, within 2 months from the date of publication of the mark in the Official Bulletin, has the right to file to the Controller an opposition to the registration of the mark.
Trademark registration in Costa Rica
After the examination, opposition process is completed and the mark is accepted for registration, the mark will be registered for a period of 10 years from date of application and the registration certificate is issued.
Trademark Renewal in Costa Rica
You can renew your trademark right by filing a request for renewal twelve (12) months before the trademark right expires.