HSM

Nicaragua Trade Mark Guide

Registration
A trade mark can be registered in Nicaragua pursuant to the Law of Trade Marks and Other Distinctive Signs No. 380 (1 February 2001), the Amendments and Additions Law No. 580 (21 March 2006) and the Amendments and Additions Law No. 1024 (3 April 2020) which provide 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 and address
  5. Power of Attorney (notarised and legalized / apostilled)
  6. certified copy of priority document (if priority is claimed)

It usually takes about eight months for the Registrar of the Industrial Property Registry at the General Board of Industry in the Ministry of Economic Affairs and Development 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
A registration may be vulnerable to cancellation by a third party if the trade mark is not used for three consecutive years before an action is filed. If use can be proved in at least one member country of the Andean Pact (Bolivia, Colombia, Ecuador, Peru and Venezuela) however, this is a defence.

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

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

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Trade names and slogans, however, are protected for an unlimited term depending on the continued existence of the entity or trade mark with which they are associated.

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 and legalised / apostilled).

The application for renewal should be filed within four weeks 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.

It usually takes four months or less 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 Nicaragua.

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

It usually takes four months or less 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 Nicaragua.

To record a change of name and/or address for a trade mark registration the only documentation required is the Deed evidencing the change (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).

It usually takes four months or less 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 Change of Name and/or Address.

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