Global Trademark GO - Costa Rica——Introduction to Costa Rica Trademark Application

Costa Rica can apply for word trademarks, service marks, collective trademarks, defensive trademarks, commodity trademarks, Application for registration of advertising terms. In Costa Rica, chemicals, drugs, medical equipment, veterinary supplies and food must register trademarks. Costa Rica is not a member of the Madrid System and can only apply for trademark registration through a single channel. Costa Rica only accepts trademark applications for one mark and one class.

1. Trademark authority:

• Costa Rica Intellectual Property Registry, English: Registry of Intellectual Property, RIP
• Website: Inicio (rnpdigital.com)

2. How to apply for trademark registration:

• Electronic submission: Starting from 2020, RIP allows users to submit trademark registration applications using the WIPO File digital platform developed by WIPO. Users can submit trademark applications, priority documents, power of attorney, review opinions and other related documents online in electronic form.
• However, trademark change, transfer, opposition, cancellation, invalidation and other procedures cannot be submitted electronically. They need to be submitted to the Costa Rica Trademark Office, or submitted by fax, email, etc.
• If a trademark registration application is submitted to the Costa Rica Trademark Office through the WIPO File digital platform between 8:00 and 15:00 on a working day, the trademark application date will be the submission date; if it is submitted after 15:00 on a working day or on a non-working day, the trademark application date will be The next business day.

3. Trademark registration application language:

• spanish

4. Documents required for trademark registration application:

• Applicant information (including mailing address)
• List of trademarked goods and/or services
• Power of attorney, original, needs to be notarized and certified, and can be supplemented within 60 days from the date of application.
• The priority document and its Spanish translation need to be notarized and certified, and can be supplemented within 30 days from the date of application.

5. Costa Rica trademark registration application process:

• RIP will issue an acceptance notice within 4-5 weeks after receiving the trademark registration application, and start a formal review at the same time. If there are formal defects, the trademark registrar will return the application documents to the application for correction. The applicant must The revised documents will be resubmitted within 15 days after the submission. RIP will announce the trademark that has passed the formal examination three times, with an announcement period of 15 days. Within 2 months after the first announcement, anyone can file an objection request against the announced trademark, and the opposed party must reply and provide corresponding information within 30 days. evidence of. This period cannot be extended. RIP makes a ruling on the materials submitted by both parties to the objection and issues a trademark registration certificate.

6. Documents required for trademark change/transfer:

• Name/address change information
• Power of attorney, requires notarization and certification
• Transfer agreement requires notarization and certification
• Trademark registration certificate

7. Trademark cancellation

• If a registered trademark has not been used for five consecutive years, anyone can request for cancellation of the published trademark.

8. Trademark objections

• Anyone can file an objection request against the announced trademark within 60 working days from the date of trademark announcement.

9. Authorization, validity period and trademark renewal

• The validity period of a registered trademark is 10 years, calculated from the date of registration. Requests for trademark renewal can be made six months before the end of the term, and renewal can be applied for within 30 working days after the expiration of the trademark, but a 20% monthly late fee is required. Trademarks can be renewed indefinitely.

10. Average time for trademark authorization

• If the registration goes smoothly, the average time for trademark registration in Costa Rica is 18-24 months.

11. Other matters needing attention

• Three-dimensional trademark and service mark registration (except for retail services) can also be applied for registration in Costa Rica.
• The common name of an enterprise or the name of a legal person recognized by the public can be applied for registration as a trade name. Distinctive phrases, patterns or printed words and similar terms that are first adopted by an enterprise and aimed at attracting consumers can apply for registration as advertising terms.
• If the applicant or owner of the trademark can jointly and effectively manage the use of the trademark and ensure the quality of the goods, the applicant or owner can apply for registration of the trademark as a collective trademark.
• Color trademarks can also be registered.