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Protect a trademark in Nicaragua

Trademark in Nicaragua, a strategically located between Central and South America, adjacent to two major oceans, the Pacific and Atlantic oceans. This gives the country the advantage of international trade, as it can easily connect to major markets around the world by sea. Nicaragua is blessed with abundant natural resources, including fertile soil, jungle, minerals and abundant water. This is the basis for the development of agricultural, mining and hydroelectric industries. Nicaragua is a member of many regional and international economic organizations, such as the Central American Free Trade Agreement (CAFTA) and the Free Trade Agreement with the United States (DR-CAFTA). This gives Nicaragua access to a vast market of more than 500 million consumers. The Nicaragua Canal Project, if completed, would be an important maritime transport project, helping to shorten the transit time between the two oceans and promote international trade. The project also promises to bring many economic benefits to Nicaragua, including creating jobs, attracting investment and promoting the development of service industries. Therefore, more and more businesses are expanding their business scope in Nicaragua, in order to protect their brand from other competitors, businesses need to pay attention to the trademark registration procedure. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Nicaragua through the article below.

Trademark registration in Vietnam

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    Legal basis

    • Law No. 380 on Trademarks and Other Distinctive Marks

    Definition of trademark in Nicaragua

    A trademark in Nicaragua is a form of legal protection for a symbol capable of distinguishing the goods or services of one business from those of other businesses. In other words, a trademark gives the claimant the exclusive right to use a particular symbol, word, or phrase to identify the petitioner’s product or service in Nicaragua. Here are some of the main characteristics of the mark in Nicaragua:

    • Uniqueness: A trademark must be unique, meaning it must be capable of distinguishing the applicant’s goods or services from those of other businesses.
    • Newness: The trademark must be new, meaning it must not infringe anyone else’s intellectual property rights.
    • Registerability: A trademark must meet the registrationability requirements under Nicaraguan law.

    Types of trademarks that can be registered in Nicaragua

    Nicaragua allows the registration of many types of trademarks, which can be classified as follows:

    Trademark: This is the most common type, used to identify the origin of goods. Trademarks can be words, symbols, designs, or combinations of these elements.

    Service marks: Similar to trademarks, they identify the source of the service instead of the goods. For example, logos for law firms or slogans for accounting services.

    Collective mark: This type is used by an association of organizations to identify goods or services derived from its members. For example, certificates or quality seals are used by cooperatives.

    Conditions for trademark registration in Nicaragua

    Conditions for registering a trademark

    Uniqueness: The trademark must be unique. This means that it must be able to clearly distinguish the applicant’s goods or services from those of other businesses. General terms, descriptive phrases or common symbols will not be eligible.

    Clarity: The trademark must be new and not identical or confusing to an existing registered trademark in Nicaragua. A preliminary trademark search should be conducted before filing an application.

    Legality: Trademarks must not violate public order, morals, or be misleading. It should also not include elements that are essential to the product itself (such as the shape of the product) or due to the nature of the product.

    Trademark dossier in Nicaragua

    Document:

    • Completed application: The applicant can obtain this form from the website of the Nicaraguan Ministry of Development, Industry and Trade (MIFIC) (https://www.mific.gob.ni/). The application form will ask for details about:
      • Applicant (employer’s company or personal information)
      • The trademark itself (including a clear image of the logo, wording, or design)
      • The specific class of goods or services to which the trademark applies (using the Nice Classification system)
    • Power of attorney (if applicable): If a petitioner uses a Nicaraguan attorney or trademark agent to handle the process, the applicant will need to provide them with a signed Power of Attorney authorizing them to act on the applicant’s behalf.
    • Fee Invoice: The application process is related to the fees payable to MIFIC. The applicant should retain a copy of the receipt for filing.
    • Optional: A certified copy of the applicant’s company registration document (if applicable) may be useful, especially if the applicant’s company name is part of a trademark.

    Additional Notes:

    • Preliminary trademark search: Although not required, applicants should perform a preliminary trademark search before filing an application. This search helps identify any existing trademarks that may be similar to the holder’s trademark and may result in rejection or objection during registration.
    • Language: The application form and any accompanying documents must be submitted in Spanish.

    How to file for trademark registration in Nicaragua

    To file for trademark protection in Nicaragua, you can file using the following filing methods:

    • Direct submission: You can go directly to the Nicaraguan Ministry of Development, Industry and Trade (MIFIC) at Costado Este del Hotel Intercontinental Metrocentro, Managua to submit your application and related documents.
    • By Post: You can send your application form and all required documents via postal service or courier service to the address of the Ministry of Development, Industry and Trade of Nicaragua (MIFIC) at Costado Este del Hotel Intercontinental Metrocentro, Managua.

    Trademark registration service in Nicaragua of Viet An Law Firm

    • Perform the search and notify customers in writing of the results of trademark search in Nicaragua;
    • Draft the dossier and directly file and monitor the status of the trademark application filing in Nicaragua on behalf of the trademark owner;
    • Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Nicaragua;
    • Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Nicaragua.
    • Receive dispatches, certificates and hand over to customers (if any).

    If you want to file a trademark application, please contact Viet An Law for the most effective support.

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