	Trademarks
	Costa Rica
	(Latin America/Caribbean) Firm Facio & Cañas Contributors Milagro Chaves Updated 22 Apr 2021
What is the system for trademark protection in your country?	The system for trademark protection in Costa Rica includes: Registration
To which international treaties does your country belong?	Costa Rica belongs to the following international treaties: Paris Convention Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks Lisbon Agreement for the Protection of Appellations of Origin and their International Registration Trademark Law Treaty ("*TLT*")
What are the benefits of registering a trademark in your country?	The benefits of registering a trademark in Costa Rica include: It is the only form of protection available for trademarks It entitles the proprietor to bring an infringement action
Is it possible to obtain registration for the following types of marks under the registration system in your country?	Service marks Yes Defensive marks No Collective marks Yes, file the by-laws. Certification marks Yes, file the by-laws. Well-known marks Yes, proof of well-know. Series marks No Marks in a different language or characters other than Roman characters Yes Non-traditional marks: Sound marks Yes, CD with the sound included. Non-traditional marks: Smell marks Yes, the formula of the smell included. Non-traditional marks: Position marks Yes Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color) Yes Non-traditional marks: Shape or three-dimensional marks Yes
What are the documents and information required for filing a trademark application in your country?	Documents and information required to file a trademark application in Costa Rica include: Name and address of the applicant Representation of the trademark Goods and services and the class(es) for which the trademark is to be registered Power of Attorney Other: All documents must be translated into Spanish and legalized by the Apostille.
Are multi-class applications permitted in your country?	Yes, multi-class applications are permitted in Costa Rica. There is no maximum number of classes prescribed for each application.
Is there substantive examination of trademarks?	Yes, there is substantive examination of trademarks in Costa Rica on the following grounds: Substantive grounds Relative grounds
What are the absolute grounds for refusal?	Absolute grounds for refusal of a trademark in Costa Rica include: Mark consists of a non-invented word(s) Mark has direct reference to the character or quality of the goods or services Mark is not distinctive Mark consists of a geographical name Mark consists of a surname Mark consists of letters of the alphabet Mark consists of numerals
What are the relative grounds for refusal?	Relative grounds for refusal of a trademark in Costa Rica include: There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.
What is the time period from application to registration for a straightforward trademark application in your country?	The time period from application to registration in Costa Rica is between 6-12 months.
Is late renewal of a trademark registration permissible in your country?	Yes, late renewal of trademark registration is permissible in Costa Rica. Applicable after ten years of registration or last renewal date.
Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?	No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Costa Rica.
Are trademark licensees required to record themselves with the Registrar?	No, trademark licensees are not required to record themselves with the Registrar in Costa Rica.
What are the available enforcement methods in your country?	Available enforcement methods in Costa Rica include: Civil enforcement Infringement action Criminal enforcement Administrative enforcement Border or other administrative enforcement measures
Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?	None identified.

Trademarks

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What is the system for trademark protection in your country?

The system for trademark protection in Costa Rica includes:

Registration

To which international treaties does your country belong?

Costa Rica belongs to the following international treaties:

Paris Convention
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
Trademark Law Treaty ("TLT")

What are the benefits of registering a trademark in your country?

The benefits of registering a trademark in Costa Rica include:

It is the only form of protection available for trademarks
It entitles the proprietor to bring an infringement action

Is it possible to obtain registration for the following types of marks under the registration system in your country?

Service marks

Yes

Defensive marks

Collective marks

Yes, file the by-laws.

Certification marks

Yes, file the by-laws.

Well-known marks

Yes, proof of well-know.

Series marks

Marks in a different language or characters other than Roman characters

Yes

Non-traditional marks: Sound marks

Yes, CD with the sound included.

Non-traditional marks: Smell marks

Yes, the formula of the smell included.

Non-traditional marks: Position marks

Yes

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes

Non-traditional marks: Shape or three-dimensional marks

Yes

What are the documents and information required for filing a trademark application in your country?

Documents and information required to file a trademark application in Costa Rica include:

Name and address of the applicant
Representation of the trademark
Goods and services and the class(es) for which the trademark is to be registered
Power of Attorney
Other: All documents must be translated into Spanish and legalized by the Apostille.

Are multi-class applications permitted in your country?

Yes, multi-class applications are permitted in Costa Rica. There is no maximum number of classes prescribed for each application.

Is there substantive examination of trademarks?

Yes, there is substantive examination of trademarks in Costa Rica on the following grounds:

Substantive grounds
Relative grounds

What are the absolute grounds for refusal?

Absolute grounds for refusal of a trademark in Costa Rica include:

Mark consists of a non-invented word(s)
Mark has direct reference to the character or quality of the goods or services
Mark is not distinctive
Mark consists of a geographical name
Mark consists of a surname
Mark consists of letters of the alphabet
Mark consists of numerals

What are the relative grounds for refusal?

Relative grounds for refusal of a trademark in Costa Rica include:

There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.

What is the time period from application to registration for a straightforward trademark application in your country?

The time period from application to registration in Costa Rica is between 6-12 months.

Is late renewal of a trademark registration permissible in your country?

Yes, late renewal of trademark registration is permissible in Costa Rica. Applicable after ten years of registration or last renewal date.

Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Costa Rica.

Are trademark licensees required to record themselves with the Registrar?

No, trademark licensees are not required to record themselves with the Registrar in Costa Rica.

What are the available enforcement methods in your country?

Available enforcement methods in Costa Rica include:

Civil enforcement
- Infringement action
Criminal enforcement
Administrative enforcement
Border or other administrative enforcement measures

Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?

None identified.

Trademarks

Costa Rica

Trademarks

Costa Rica

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