TRADEMARKS
- THE TRADEMARK IN COSTA RICA -
PROCEDURE
The Costa Rican Law establishes a TM procedure with the purpose of observing that the sign is distinctive, and does not incur in any of the prohibitions established in the national legislation nor affect third party IP rights. This procedure is carried out through the intervention of the TM Office and/or through the opposition instrument.
The ordinary process –without any incident - has a duration of approximately 9 months since the filing date, provided the documents are filed in a complete way.
The TM granting procedure may be briefly described through the following steps:
1. Filling the application.
It is only received if it comes with the receipt that the filing rate has been paid. Upon reception, the TM Office assigns a file number to the case. The application´s information is digitalized and the file is sent to Formal Examination.
2. Formal Examination
Review of the application to determine if it complies with all the formal requirements established by law. The TM Office will issue a notification if there is missing any legal requirement or the examiner requires an explanation regarding the application`s content. There is a term of 15 working days to answer it.
An amendment fee should be paid for any modification or correction carried out after filling the application, even when they are required by the Registry.
The Law only allows submitting MODIFICATIONS or CORRECTIONS to secondary elements of the TM sign or diminishing the list of products or services designated at the application.
If the amendment relates to essential elements as the TM as such or increasing the list of products or services designated, it would be required to file a new application.
3. Substantive Examination
Once fulfilled the formal examination, the TM Office studies if the application does not incur in any of the prohibitions established in the national legislation.
In case of observing any relevant background it notifies the objection to the party and it has a term of 30 working days to answer. If the examiner accepts the defense arguments the registration process continues. If the objection is maintained by the TM Office, it may be appealed before the Administrative Register Court. The Administrative Register Court has the last word regarding the viability of registration of a TM. In absence of the relevant backgrounds objected by the Registry, a publication edict is issued.
4. Publication
The TM application shall be published three consecutive times in LA GACETA DE COSTA RICA. As of the third publication in La Gaceta the public opposition term of two months starts running.
5. Two (2) months of public opposition.
If an opposition is filed, the applicant has two-month term to answer. The opposition will be solved in the substantial resolution.
6. Exceptional cases, review of the substantive examination
Lately, the Registry of the Industrial Property of Costa Rica has adopted the practice of carrying out a prior review to all procedure before issuing a TM certificate, in virtue of art. 315 of the Code of Civil Procedures related to measures to reorganize the procedure.
If the TM Office believes there is any objection not previously considered, it will notify the applicant and proceed accordingly.
7. Issuance of the TM Registration Certificate
In accordance to the law, once the opposition term has ended without raising any opposition, the TM Office will proceed to issue the registration certificate. Generally, such certificate is issued within the month following the expiration of the opposition term.