This article contains important information and practice tips on how to properly maintain or renew your trademark rights in Costa Rica.
Timeline/Duration for Maintaining a Trademark Registration
How long do trademark rights last in Costa Rica?
Trademark and service mark registrations last for ten years and are renewable indefinitely every successive interval of ten years thereafter. For instance, if a mark was officially registered on January 10, 2000, it will be due for renewal on January 10, 2010. A renewal filed on the expiration date will be deemed to be timely.
Trade name registrations (“nombres comerciales”) and slogans (“señales de propaganda”) do not expire every ten years like trade and service marks and are deemed indefinite, until certain circumstances occur.
What is the earliest that a registration can be renewed?
A trademark or service mark can be renewed up to 12 months before the expiration date.
Is late filing possible? What is the grace period to file for renewal if I fail to do so in a timely manner?
The grace period to file for renewal is 6 months. The surcharge is an additional fee of USD$25 (for a total of $75). Otherwise, the renewal process is identical.
What is the timeframe for the certificate to be issued?
Between 2 weeks to 4 months, on average.
Do all registration need to be renewed every 10 years?
As a general rule, yes. Trade name registrations (“nombres comerciales”) and slogans (“señales de propaganda”) are the most notable exceptions. These registrations do not expire at 10-year intervals and, thus, there is no need to renew them periodically. The causes for extinction of trade names and slogans are subject to different rules than trademarks or service marks.
Requirements to Apply for Renewal of a Registration
Do I need to submit proof of use of the mark in commerce?
No. There is no need to submit a declaration of continued use in commerce or similar document.
Do I need to send the local agent a new Power of Attorney?
A Power of Attorney will indeed be required if this is the first time that you entrust a particular agent with trademark matters on behalf of the applicant/registrant.
However, Powers of Attorney are maintained indefinitely on-file by the Trademark Office. The same attorney applied one decade ago for registration or renewal of the mark should be able to assist once again, provided that the original Power of Attorney did not indicate otherwise.
What are the requirements for Powers of Attorney?
Powers of Attorney (download our standard form here) require attestation, notarization or authentication under the internal laws of the country of issuance. Consular legalization or apostille under the Hague Convention is optional.
Can a Change of Address or Change of Name be recorded simultaneously?
A change of address can be recorded simultaneously without any additional costs. Changes of name need to be filed independently.