Trademarks Law in Costa Rica
Costa Rica's trademark law is governed by the Trademark and Other Distinctive Signs Law (No. 7978), enacted on February 1, 2000, and administered by the National Registry of Costa Rica (Registro Nacional de Costa Rica). This law provides a comprehensive framework for the registration and protection of trademarks within the country.
📌 Key Features of Costa Rica's Trademark Law
1. Trademark Definition and Types
A trademark in Costa Rica is defined as any sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. This includes words, logos, letters, numbers, sounds, colors, and combinations thereof. The law also recognizes commercial names, advertising slogans, and trade names as distinct categories of protection.
2. Classification System
Costa Rica adheres to the Nice Classification, which classifies goods and services into 45 classes. Applicants must specify the class or classes under which their trademark falls. Multi-class applications are permitted, allowing for the registration of a trademark across multiple classes in a single application.
3. Registration Process
Preliminary Search: Before filing, it's advisable to conduct a search to ensure the desired trademark is available.
Application Filing: The application must be submitted to the National Registry and include:
A clear representation of the trademark.
A list of goods or services to be covered by the trademark.
A notarized Power of Attorney (PoA).
Examination: The Registry conducts a formal examination to verify compliance with legal requirements and to check for conflicts with existing trademarks.
Publication: If the application passes examination, it is published in the Official Gazette for a period of 30 days.
Opposition Period: Third parties have 2 months from the publication date to file an opposition.
Registration: If no opposition is filed, or if any opposition is resolved in favor of the applicant, the trademark is registered, and a certificate is issued.
The entire process typically takes between 6 to 12 months, depending on factors such as the complexity of the application and the presence of oppositions.
4. Duration and Renewal
Initial Term: Trademark registrations are valid for 10 years from the filing date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods. A 6-month grace period is available for late renewal, subject to an additional fee.
5. Use Requirement
There is no requirement for the applicant to use the trademark commercially in order to obtain a registration. However, if a trademark is not used for 5 consecutive years, it may be subject to cancellation due to non-use.
6. Opposition Grounds
Oppositions can be filed on various grounds, including:
Relative Grounds:
Likelihood of confusion with an existing registered mark.
Similarity to a well-known mark.
Prior use rights.
Absolute Grounds:
Lack of distinctiveness.
Descriptiveness.
Immorality or public order concerns.
Deceptiveness regarding the nature or quality of the goods or services.
Oppositions must be filed within 2 months from the publication date in the Official Gazette. If the applicant does not have a registered trademark, they must file a defensive application within 15 days of the opposition.
7. International Treaties
Costa Rica is a member of the Paris Convention and the World Intellectual Property Organization (WIPO). Applicants can claim priority rights based on earlier filings in other member countries within a 6-month period from the date of the first application.
💰 Fees and Costs
The official fees for trademark registration are as follows:
Filing Fee: Approximately US$50 per mark and per class.
Publication Fee: Approximately US$145, depending on the length of the publication notice.
Renewal Fee: Approximately US$50 per mark and per class.
Late Renewal Fee: Approximately US$75 per mark and per class.
Additional fees may apply for services such as amendments, divisions, and oppositions. All fees are payable to the Bank of Costa Rica in U.S. dollars. The bank issues a receipt of payment, which must be attached to the application or brief. Fees are generally non-refundable once paid, except in certain qualified cases.
✅ Practical Tips
Conduct a Trademark Search: Before filing, perform a thorough search to identify any existing trademarks that may conflict with your desired mark.
Engage a Local Representative: Foreign applicants are required to appoint a legal representative domiciled in Costa Rica to file and prosecute the application.
Monitor Application Status: Regularly check the status of your application through the National Registry's official channels to stay informed about any developments or required actions
Plan for Renewals: Trademarks must be renewed every 10 years. Keep track of renewal deadlines to maintain continuous protection.
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