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Trademark registration in Costa Rica

Trademark registration in Costa Rica become more popular due to vibrent investment market here. Costa Rica is a small country in Central America, famous for its natural beauty and political stability. The country also has a relatively strong economy, with a higher average income than most countries in the region. Tourism is the largest industry in Costa Rica, accounting for more than 6% of the country’s GDP. The country is famous for its beaches, rainforests and volcanoes, attracting visitors from all over the world. Besides, agriculture is another important sector of the Costa Rican economy. The country exports a wide range of agricultural products, including coffee, bananas, pineapples and beef. The high-tech industry is also a rapidly growing industry in Costa Rica. The country is home to many multinational companies, providing services such as customer service, software programming, and software development. Costa Rica is a prime example of how a small country can develop a thriving economy based on tourism, agriculture, high technology, and education. In order to be able to conduct business in this market and differentiate its brand from another, the necessary and important procedure is the procedure for registering a trademark.

 

Legal basis Trademark registration in Costa Rica

  • Law No. 7978 of 6 January 2000 on Marks and Other Distinguishing Marks (amended to Law No. 8632 of 28 March 2008);
  • Other relevant legal documents

General overview of trademark registration in Costa Rica

Trademark registration system

Costa Rica is a party to the Paris Agreement on Trademarks. The country has a trademark registration system on the principle of “first filing”. Many different types of trademarks can be registered in Costa Rica, including text marks, image marks, combination marks and sound trademarks.

Conditions for trademark registration

Distinction: The trademark must be able to distinguish the goods or services of the business from those of other businesses.

No confusion: A trademark must not confuse consumers about the origin, quality, or characteristics of goods or services.

Don’t infringe the rights of others: A trademark may not infringe the intellectual property rights of others, such as a trademark, trade name, or copyright.

Benefits of registering a trademark in Costa Rica

Trademark protection: Registered trademarks are legally protected in Costa Rica. This helps businesses prevent competitors from illegally using your trademark.

Build credibility: Registered trademarks help build credibility and professional image for your business.

Increase competitiveness: Registered trademarks help businesses increase their competitiveness in the market.

Market expansion: Registered trademarks help businesses expand into Costa Rica.

Assertion of ownership: A registered trademark helps a business assert ownership of its brand.

Easy law enforcement: Registered trademarks make it easier for businesses to enforce law against violations.

Trademark registration documents in Costa Rica

To register a trademark in Costa Rica, the applicant needs to prepare the following documents:

Application Form:

  • Applications must be submitted in Spanish. (Form TM03).
  • The application must include information about: Trademark owner, Trademark, List of goods or services, Representative address in Costa Rica (if applicable)

Brand:

  • Trademarks can be expressed in the form of text, images, or a combination of both.
  • The trademark must meet the form requirements set forth by the Costa Rican Intellectual Property Office (DINAPI).

List of goods or services:

  • The list of goods or services must be clearly and accurately described.
  • The list must be classified according to the Nice International Classification System.

Fee Receipt: The fee for registering a trademark in Costa Rica varies according to the type of trademark and the quantity of goods or services registered.

In addition, the applicant can submit the following additional documents:

  • Spanish translations of documents in other languages
  • Power of attorney (if applying through a representative)

Trademark registration fees in Costa Rica

The trademark registration fee in Costa Rica varies according to the type of trademark and the quantity of goods or services registered. Here is a summary of fees:

Trademark type Quantity of goods/services Fees (₡)
Trademarks 1 43.000
Trademarks 2-3 58.000
Trademarks 4-10 73.000
Trademarks Each group of 11+ 10.000
Image branding 1 58.000
Image branding 2-3 73.000
Image branding 4-10 88.000
Image branding Each group of 11+ 13.000
Combined trademarks 1 73.000
Combined trademarks 2-3 88.000
Combined trademarks 4-10 103.000
Combined trademarks Each group of 11+ 18.000

How to file a trademark application in Costa Rica

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

  • Direct Filing: You can come directly to the office of the  Costa Rican Intellectual Property Registry at Apartado Postal: 523-2010 Zapote San José to submit the application and related documents.
  • By Post: You can send your application and all required documents through postal or courier services to the address of the  Costa Rican Intellectual Property Registry at Apartado Postal: 523-2010 Zapote San José.
  • Submit online via website:

https://www.rnpdigital.com/propiedad_industrial/index.htm When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Costa Rican Intellectual Property Registry

Trademark Application Processing in Costa Rica

After filing the trademark application, the state agency will process the application in about 8-12 months, including the following processes

Formal appraisal

The Costa Rican Intellectual Property Registry (RIP) will check that the records are complete and comply with regulations. If the application is valid, RIP will notify the applicant and proceed to the next step.

Application Publication

Information on the applicant’s application will be published in the Costa Rican Intellectual Property Gazette. Any third party may object to the application within 5 months from the date of publication.

Content appraisal

RIP will consider the applicant’s application for distinguishability, infringement of intellectual property rights of others, and other requirements. If the application meets all requirements, RIP will issue a Trademark Registration Certificate.

Issuance of Trademark Registration Certificate

RIP will make a decision to grant or reject the trademark registration. If the application is denied, the applicant can request a reconsideration or new application.

Trademark registration service in Costa Rica of Viet An Law Firm

  • Perform the search and notify you in writing of the results of the trademark search in Costa Rica;
  • Drafting documents and directly filing and monitoring the status of trademark filings in Costa Rica;
  • Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Costa Rica;
  • Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Costa Rica.
  • Receive dispatches, certificates and hand over to customers (if any).

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

Disclaimer: This article was last updated in April 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.

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