HSM

Costa Rica Trade Mark Guide

Registration
A trade mark can be registered in Costa Rica pursuant to Law of Trademarks and Other Distinctive Signs No. 7978 (January 6, 2000) (enacted February, 2000) which provides for local trade mark applications.

The following information and documentation is required:

  1. name of the trade mark
  2. one copy of the mark (unless mark is word only)
  3. class(es) and specification of goods and/or services
  4. applicant’s name, address and nationality
  5. Power of Attorney (notarised)
  6. certified copy of priority document (if priority is claimed)
  7. Spanish translation of all of the above documents

It usually takes about eight months for the Director General of the Intellectual Property Registry at the National Registry in the Ministry of Justice to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registry will issue a Certificate of Registration.

Use
If a trade mark is not used within five years after registration it may be cancelled.

Classes
The International Classification system is used. Multi-class applications are allowed.

Searches
In order to conduct a search the documentation required is the name of the trade mark, one copy of the mark (unless mark is word only) and the name of the proprietor. The result can usually be provided within a week.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Trade names and publicity slogans or signs, however, are protected for an unlimited term as long as the business owner is still in operation.

Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is a Power of Attorney (notarised).

The application for renewal should be filed within 12 months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time a new application for registration is required.

It usually takes about two months for the Registry to process an application for renewal. Once the renewal is complete the Registry will issue a Certificate of Renewal.

If you do not wish to renew the mark please inform us so that we can advise the Registry accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Registry accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Costa Rica.

To record the assignment of a trade mark registration the documentation required is the Deed of Assignment (notarised and legalised / apostilled) and a Power of Attorney (notarised) with Spanish translations.

It usually takes about two months for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Certificate of Assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Costa Rica.

To record a change of name for a trade mark registration the documentation required is the document evidencing the change (notarised and legalised / apostilled) and a Power of Attorney (notarised) with Spanish translations. To record a change of address for a trade mark registration the only documentation required is a Power of Attorney (notarised) with Spanish translation.

It usually takes about two months for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will issue a Certificate of Recordal showing the change.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA