Costa Rica Trademark registration
In Costa Rica legal basis is the Trademarks and other Distinctive Signs Act of January 1st, 2000. Trademark protection is obtained by registration.
A trademark application has to be filed before the Registry of Industrial Property by a local agent. A power of attorney signed in the presence of a notary and is necessary (authenticated); this document does not need to be legalized by a Costa Rican Consulate. Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness, and a search for prior trademarks. It takes approximately 2 months before an office action is issued by the trademark authority. After the pertinent examinations are concluded the trademark is published in the official journal „La Gaceta“. The opposition period is 2 months from the date of the first publication of the trademark. If no oppositions are filed, the certificate of registration will be issued.
A trademark registration in Costa Rica is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.
Only national registrations are available in Costa Rica.
Duly note, if the trademark has not been used within 5 years from registration, it may be subject to a cancellation action filed by a third party. In such a case, the owner of the trademark will be informed of the cancellation action and will be given the opportunity to demonstrate the use of the trademark. After hearing both parties, the Registry of Industrial Property will determine whether or not the trademark registration should be cancelled.