Oct 20, 2021 (Newsletter Issue 15/21)Common Practice on Graphic Representation of Designs (CP6)The Costa Rican IP Office 'Registro Nacional' found common ground with the criteria developed under the Common Communication on the Common Practice – Graphic Representation of Designs (CP6).
The practice paper provides a clear and comprehensive explanation of the principles on which the practice of the IP Office of Costa Rica and the IP Offices of the European Union Intellectual Property Network is based, particularly on how to use appropriate disclaimers, types of views and how to represent designs on a neutral background. It serves as a reference to users and examiners of the IP Offices involved.
The practice paper is available in Spanish and English and divided into two parts: the first summarises the criteria, while the second provides a full explanation of the different criteria applicable in each case.Source: www.euipo.europa.eu Oct 01, 2013 (Newsletter Issue 14/13)
Regulatory Authority for Certification Marks
In addition to the examination that all trademark must go through - namely an assessment of their distinctiveness, descriptiveness and likeliness of confusion with other trademarks-certification marks must also be examined by the applicable regulatory authorities. Up to July 31, 2013, many certification marks were being rejected by the TMO on the ground that the regulations lacked the approval of a local competent authority.
Now, the Trademark Office (TMO) appointed the Costa Rican Entity for Accreditation (ECA) as the authority having jurisdiction to approve certification mark regulations.
Source: Zurcher Lawyers, Costa Rica and FH Legal, Costa Rica
Mar 27, 2012 (Newsletter Issue 5/12)
Guidelines for TM Applications
On February 21, 2012, the Administrative Guidelines DRPI-02-2012 was published in the Official Gazzette No. 37, which set forth when the PTO will officially record the filing date of an application.
To grant a date for the filing of applications, the PTO has to assign a time and date and will admit it to procedure, only if it complies with certain requisites. These include that it contains the identity of the applicant, the address or representative in the country, the mark itself (if it is a mixed mark, a copy must be attached), the products/services it pretends to protect and proof of payment.
Taking this into account, the priority date will be counted from the date which all the requisites are fulfilled, regardless of the date that the PTO receives the application. Furthermore, the Registry will only evaluate the application once the aforementioned minimum requisites are fulfilled and the filing date has been assigned. Finally, the priority period will be counted from this date for all legal purposes.
Failure to comply with these guidelines will result in the delay of granting the date of the filing of an application.
Source: Zurcher Lawyers, Costa Rica
Legal basis is the Trademark and Other Distinctive Signs Law of February 1st, 2000, as amended by Law No. 8632 of March 28, 2008.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. The right to register a mark belongs to the earliest bona fide user of the mark or to whoever first files the application if there is no prior use.
Nice classification, 12th edition
Trade names and slogans can be registered, but no classification system is used. Trade names can indicate the form: “to protect a commercial establishment dealing with …” and indicate the scope of protection of as many classes as desired by using the headings of the Nice Classification or a specific listing or a combination of both. Slogans must be linked to a registered mark(s) and protect the same scope of protection. If linked to a trademark(s) in process, the registration of the slogan will be put on hold until the trademark(s) achieves registration.
Registrable as a mark is any sign or combination thereof, capable of distinguishing goods or services; namely words and sets of words -including names of persons, letters, numbers, numerals, figurative elements, monograms, pictures, tags, heraldry, lines, traces, patterns, combinations and dispositions of colours (not as an isolated spot), smells, and sounds. Likewise, it may consist of the shape, presentation or disposition of products, their packaging or wrapping, as well as that of the channels or places in which the products or services are sold.
The definition for a mark includes as registrable regarding colours "combinations and arrangements of colors" (article 2, Trademark Act). Isolated colors are not registrable.
Notoriety can be now applied for by a regular application process where evidence to substantiate such claim can be filed. Any evidence will have to be legalized by apostille and accompanied by a Spanish translation if in a foreign language.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, trade names, slogans, emblems, geographical indications and indications of source.
The application is filed at the Trademark Office of the National Registry. Electronic filing via WIPO File is also available.
Multi-class applications are possible.
Foreign applicants need a local agent.
A power of attorney according to the laws of the place of execution is required (consular legalization and notarized authentication is not necessary). However, at least notarization is advisable in case objections, oppositions or any other proceeding arises. If fully legible and without cuts, a scanned copy will suffice.
The application process includes a formal examination, an examination of distinctiveness, and a search for prior trademarks.
The processing time from first filing to registration is approx. 5-6 months. The first office action is taken after approx. 1-2 weeks.
During the registration process, the trademark application is published three times in the official journal „La Gaceta“.
National:
The opposition period is 2 months from the date of the first publication of the trademark. Upon serving of an opposition notice, applicant will have a two-month term to reply. An additional month will be provided to file for proof material. Any proof from abroad requires notarization and legalization by apostille and must be submitted with a translation into Spanish if in foreign language.
Protection begins with the date of registration. Provisional protection begins with the date of application, but it can only be asserted after registration. A trademark registration is valid for 10 years. It is renewable for further periods of 10 years. Renewals can be filed as early as one year prior the expiration date. Trade Names last indefinitely, will be extinguished with the company or establishment that uses the name. The slogans have indefinite protection; their existence depends on the trademark or trade name to which it refers.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee is USD 50 per class. An additional fee of approx. USD 100 to USD 140 is charged for publication of each application in the official journal. No additional fee is charged for registration and issuance of a certificate of registration. Currently, certificates are issued electronically.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Jun 29, 2023
Facio & Cañas, San José, Costa Rica