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Costa Rica Trademark Registration 

 
Attorneys - Costa Rica
 
Welcome:

My name is Néstor Morera and I'm the representative Attorney in Costa Rica.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Costa Rica through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • 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.

     

  • If I register my trademark in Costa Rica, do I have protection in other territories?

    The territorial limit of registration is Costa Rica.

  • Do I need to sign a Power of Attorney?

    A power of attorney is required.

  • 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.
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • 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
  • 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.

     

    1. Applications are examined in respect of:
      • formalities
      • classification
      • clarity
      • descriptiveness
      • distinctiveness
      • deceptiveness
      • conflict with prior registration
    2. 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
    3. Registration
  • 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
  • Does Costa Rica use the "Nice Classification" system?

    Costa Rica uses the Nice Classification System.

  • 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.

  • 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
  • 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.

  • 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.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the registration grant date.

  • 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.


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