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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
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If I register my trademark in Costa Rica, do I have protection in other territories?
The territorial limit of registration is Costa Rica.
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Do I need to sign a Power of Attorney?
A power of attorney is required.
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Are there any benefits from a pre-filing use of the trademark?
- The “firs to use” principle is followed in Costa Rica.
- Rights in a trademark are asserted through prior use.
- Notoriety can be a basis for the application filing.
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Costa Rica?
- words
- names
- devices
- certain three-dimensional shapes
- colors
- slogans
- sounds
- collective marks
- certification marks
- well-known marks
- service marks
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What are the phases of application after a trademark has been filed in Costa Rica?
The order of the application process is examination, publication, and registration.
- Applications are examined in respect of:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- Publication of the following:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- citizenship of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- Registration
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What type of trademark is not registrable?
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions or international organizations
- non-distinctive trademarks
- marks that function principally as surnames
- isolated colors
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Does Costa Rica use the "Nice Classification" system?
Costa Rica uses the Nice Classification System.
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Does the Community Trademark apply for Costa Rica?
Costa Rica is not a member of the European Union; hence, this jurisdiction does not follow the Community Trademark rules.
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Is there any possibility to claim priority in Costa Rica?
- If the applicant’s home country is a member of the Paris Convention
- If the applicant complies with all the required forms and documentations
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What do I need to do to satisfy the use requirement?
A trademark must be used within five years from the registration date. The amount of use can be minimal and must occur in this jurisdiction.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the registration date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the registration grant date.
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Is it legal to use my trademark even if it is not yet registered?
It is legal to use an unregistered trademark provided there are no oppositions.