Costa Rica Trademark Registration

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1. Is registration of a trademark mandatory?

   No. Registration is optional but highly recommended. Trademark rights can arise through use of the mark in commerce, but registration secures ownership. Superior rights to a mark are obtained through its registration.

2. Which Intellectual Property rights are registrable?

   Any word, sign or combination of words and designs, characters, numerals, codes, pictures, labels, shields, slogans, vignettes, lines, bands, sounds, logos or material used to distinguish goods or services of one person or business from another. A trademark can also consist of shape, presentation or arrangement of services or goods, their containers, packaging materials, and the means or establishments for their distribution or sale. Three-dimensional designs can be protected as well.

3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

   Retail and like services are registrable in a special category according to the Paris Convention for the protection of Industrial Property.

4. Is there any advantage in using a trademark before filing an application?

   Yes. Rights to a trademark can be asserted through prior use and notoriety and as a basis for filing. Use also will be of assistance during examination of the application by the Trademark Office, which takes into account prior use and notoriety in considering the novelty and originality of a trademark. However, please note that opposition of a mark will not be possible if the trademark is not registered.

5. How long does the registration process take?

   In the absence of objections and oppositions, the registration process takes approximately between 6 to 8 months.

6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

   A trademark must be used within five years of the granting date of the registration or any interested person becomes entitled to file for annulment of the registration for nonuse. Such use can be on the national or international level. Annulment is an administrative proceeding while cancellation is a court proceeding.

7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

   It is not possible to use them separately. A trademark must be used in commerce as it appears on the register, however, using the mark in a different way in which it was registered, when the difference is in its details or elements that are not essential and do not alter the identity of the mark, will not be reason to cancel the registration or diminish the protection granted.

8. How can I know which is the due date for the renewal of a registered trademark?

   The term/renewal date of a registration of a mark is 10 years from the registration date. Trade name and slogans registrations are indefinite provided that the registrant does exist.

9. When should I pay the renewal fee of my registered trademark?

   A renewal must be during the twelve month period expiring with the renewal date.

10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    Upon expiration of a mark, there is a six-month term to file the renewal application. No additional fee has to be paid.

11. What documents are required for filing a trademark or renewal application?

    No documentation is required for renewal if accomplished by the same local attorney. Otherwise a fully executed Power of Attorney is required as well as the completion of the corresponding form.

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