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Does having a registered trademark in Costa Rica give me any right?
Registration is not mandatory to secure rights to a trademark. Costa Rica follows the "first to use" principle.
What is the web address of the trademark national office?
Access the trademark office online at this link: https://www.rnpdigital.com/propiedad_industrial/index.htm
Is there any need to use my trademark before I apply for registration?
Neither actual use nor intent to use is required for application.
Can a Trademark Application be opposed?
The following can be grounds for opposition:
- proprietary rights, such as an earlier conflicting registration
- the mark is descriptive
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- notorious or well-known mark
- representation of the proprietor of the mark
- trade names
- registered design rights
- rights in a company name
- unauthorized use of specially protected emblems or national insignia
Who can contest my trademark application?
Anyone with a valid reason to oppose the mark can file for an opposition.
Is it possible to cancel a registration?
The following can be grounds for cancellation:
- the mark is descriptive
- the mark is generic
- the mark is not distinctive
- the mark is functional
- the mark is misleading, deceptive or disparaging
- geographical indication
- protection of armorial bearings, flags and other State emblems
- the mark is prohibited in this jurisdiction
- the mark is against public policy or principles of morality
- inclusion of a badge or emblem of particular public interest
- See Section VII.A. Use Requirements
Are there any rights established by having a registered trademark?
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to file an opposition case against later conflicting applications
- the right to file a cancellation case against a later conflicting registration
- the right to sue third parties for infringement
- the right to license interested parties to use the trademark
- the right to request for counterfeit goods to be seized by customs authorities
- the right to receive compensation for infringement
How long is the opposition period?
The opposition period begins on the first publication date and ends two months from the first publication date.
Is Costa Rica a member of the Madrid System?
Costa Rica is not a member of the Madrid Protocol and the Madrid Agreement.
Do I need to present periodic statement of use?
Periodic statements are not required.
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