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Managua, Nicaragua (NI)
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Managua, Nicaragua (NI)
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Nicaragua (NI)

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Jun 04, 2013 (Newsletter Issue 8/13)
Apostille Convention in Force
The Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents, known as the Apostille Convention, has entered into force in Nicaragua on May 14, 2013.

The Apostille Convention is a method that simplifies the legalization of foreign documents in order to verify its authenticity, reducing time and costs.

With this addition, currently the Latin-American countries member of the Apostille Convention are: Argentina, Belize, Costa Rica, Colombia, Dominican Republic, Ecuador, El Salvador, Honduras, Mexico, Nicaragua, Panama, Peru, Trinidad and Tobago, Uruguay and Venezuela.

It is important to remember that the Apostille is valid only among countries that have signed the Convention.
Nicaragua will maintain the legalization process with those countries that are not part of the Apostille Convention yet.

Source: Moeller IP Advisors

Legal basis is the Trademark Law (Law 380), in force since July, 2001, its regulation and Law 580, Amendments to Trademark Law (380).
Decree 83-2001 Amendments to Regulation of Trademark Law, since June 28th, 2012.
Trademark protection is obtained by registration.
Tradename protection is obtained by first use in Nicaragua, registration before Trademark Office is only declarative.

Nice classification, 10th edition
Registrable as a trademark, within others, are words or group of words, advertising slogans and phrases, letters, numbers, monograms, shapes, portraits, labels, coats of arms, designs, cartoons, borders, lines and stripes, and combinations and arrangements of colors, sounds or other perceptible signs such as smells. They may also consist of the form, presentation or packaging of the goods or their containers or wrapping, or the means or place of retail of the related goods or services.
The following sign types are registrable: trade marks, service marks, collective marks, certification marks, trade names, emblems, slogans, geographical indications, origin denominations, three-dimensional.
The application is filed at the Trademark Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney signed in the presence of a notary and authenticated by a Consulate of Nicaragua or legalized by Apostille is necessary.
A power of attorney apostilled (according to Hague Convention) is necessary for foreign applicants. If foreign applicant is from a country which is not part of the Hague Convention, the power of attorney must be legalized by a Consulate of Nicaragua.
Applicants from Taiwan can send the Power of Attorney notarized and legalized by the Bureau of Consular Affairs, Ministry of Foreign Affairs in China (Taiwan). Bilateral Agreement between Taiwan and Nicaragua as of November 2018.
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 or first office action is approx. 10 months.
The trademark is published twice, initially for opposition purposes and lastly at the time of registration.
The substantive examination – earlier described – takes place after the trademarkʼs publication.
The opposition period is 2 months from publication date of the application.
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the due date.

Further practical details are available in our publication on this topic here
The use of trademarks is mandatory in Nicaragua, and cancellation actions for non-use may be initiated in respect of trademarks that have not been used over a consecutive three-year term since their registration.

It will be understood that a mark is being used when the products or services covered by same have been commercialized or are available under such mark, in quantities and in the form that occur normally, taking into consideration the size of the market, the nature of the respective products or services, and the ways in which such commercialization is being done. Use of the mark will also be assumed when the mark is used in connection with products to be exported from the national territory or in connection with services rendered abroad from the national territory.

In view of the above, “token” use would not be acceptable.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is USD 100 for a word or design trademark (per class), and USD 50 for each additional class. The certificate fee is USD 20. The standard costs for publication at the Official Gazette varies according to the size of the publication and if the there are colours included (claiming colours), figures or stylized letters between USD 10 to USD 30; nevertheless, the official costs at the Official Gazette may vary, depending on the amount of products to be covered.
The trademark is published twice, initially for opposition purposes and lastly at the time of registration.

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Hague Convention
The "Convention Abolishing the Requirement for Legalization of Foreign Public Documents (from October 5, 1961) - Apostille Convention" came into effect on May 14, 2013.

By virtue of the foregoing, the public documents issued by duly authorized public servants in connection to their position and competence may be legalized through the process of apostille at the Consular General Office of the Ministry of Foreign Affairs (Apostille authority), to produce effects abroad. The apostille will only have effects in the countries that are part of the Apostille Convention.

Nicaragua maintains the legalization process with those countries that are not part of the Apostille Convention, so that public documents will be legalized and will complete the authentication chains.

Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Jul 26, 2019
Guy Jose Bendana Guerrero & Asociados, Managua, Nicaragua

Mrz 29, 2016
Estudio Caldera S.A., Managua, Nicaragua

Jun 21, 2013
Arias & Muñoz, Managua, Nicaragua

Dez 08, 2011
Guy Jose Bendana Guerrero & Asociados, Managua, Nicaragua

Nov 18, 2010
Moeller IP Advisors, Buenos Aires, Argentina

Bendana & Bendana

P.O. Box 2225
Nicaragua (NI)

Estudio Caldera S.A.

Norman Caldera Jr.
Del Ministerio de Gobernación, 2 c. al norte y 1 cuadra al oeste, edificio 405
Nicaragua (NI)

Registro de la Propiedad Intelectual (RPI)
Costado Este Hotel Intercontinental Metrocentro, Managua-Nicaragua

Tel + 505 22489300