Trademarks Law in Nicaragua
Here’s an overview of Trademarks Law in Nicaragua:
Trademarks Law in Nicaragua
Legal Framework
The regulation of trademarks in Nicaragua is governed by:
Industrial Property Law No. 559 (Ley de la Propiedad Industrial), enacted in 2000 and its subsequent reforms.
Nicaragua is also a member of international agreements such as the Paris Convention and the Madrid Protocol for international trademark registration.
Responsible Authority
The Nicaraguan Institute of Industrial Property (Instituto Nicaragüense de la Propiedad Industrial, INPI) is the government office responsible for trademark registration and enforcement.
Key Features:
Trademark Definition
A trademark in Nicaragua is any sign capable of being represented graphically and distinguishing the goods or services of one business from those of another. This includes words, designs, letters, numerals, shapes, colors, sounds, or combinations thereof.
Registration Process
Applications are submitted to the INPI with details of the trademark and the classification of goods/services (based on the Nice Classification).
The INPI examines the application for compliance, conflicts, and distinctiveness.
If accepted, the trademark is published in the Industrial Property Gazette to allow third-party opposition.
Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
It can be renewed indefinitely in successive 10-year terms upon payment of renewal fees.
Grounds for Refusal
Marks lacking distinctiveness, being descriptive or generic, or causing confusion with existing trademarks can be refused registration.
Marks contrary to public order or morality are also refused.
Rights Conferred
The registered trademark owner gains the exclusive right to use the mark in commerce and prevent unauthorized use or imitation within Nicaragua.
This includes rights to take legal action against infringement.
Opposition and Cancellation
Third parties can oppose registration within a defined period after publication.
Trademarks may be canceled for non-use or other legal grounds.
Enforcement
Trademark infringement can lead to civil and criminal sanctions.
Customs authorities may assist in combating counterfeit goods.
International Treaties
Nicaragua participates in the Madrid System, allowing for international trademark applications designating Nicaragua.
Also bound by the Paris Convention ensuring priority rights and protection for foreign applicants.
Summary
Nicaragua provides a standard trademark protection system through its national Industrial Property Law, aligned with international treaties. The INPI is the central authority handling registration and enforcement.
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