Trademarks in Costa Rica

Competent Authority

• Office Name: Industrial Property Registry / Registro de la Propiedad Industrial, operating under the National Registry of Costa Rica (Registro Nacional de Costa Rica).
• Working Language: Spanish. All official filings and documentation must be submitted in Spanish.
• System Type: National system.

International Treaties

• Paris Convention: Member. Priority can be claimed within 6 months from the first foreign filing date.
• Madrid Protocol: Not a member. International registrations under the Madrid System cannot designate Costa Rica. Trademark protection must be obtained directly through a national application before the Industrial Property Registry.

Applicant Eligibility & Representation

• Eligible Applicants: Natural persons and legal entities (both domestic and foreign).
• Local Representation / Agent Requirements:
• Foreign applicants without a domicile or real and effective commercial establishment in Costa Rica must be represented by a qualified local Costa Rican representative or registered trademark agent.
• Power of Attorney (POA): Required. A notarized Power of Attorney is required. Formal legalization via Apostille or Costa Rican Consulate is optional/not strictly mandatory if certified under local legal standards.
• Late Submission: The POA can be submitted post-filing within a 2-month statutory grace period from the filing date upon formal request.

Online Application & Search Database

• Electronic Filing: Available via the official RNP Digital online portal (Sistema de Solicitudes Web).
• Public Search Database: The National Registry provides a free online portal (RNP Digital) to search pending applications and registered trademarks.

Registrable Mark Types

• Standard & Non-Traditional Marks: Word marks, design/figurative marks, slogans (señales de propaganda), trade names (nombres comerciales), 3D shapes/packaging, sound marks, scent/olfactory marks, and distinct color combinations per se.
• Translation & Transliteration: Marks incorporating non-Spanish words or non-Latin scripts require an accurate Spanish translation and phonetic transliteration.

Classification System

• Classification Standard: Nice Classification system.
• Multi-Class Applications: Allowed. Applicants may designate multiple classes under a single application filing.
• Class Headings: Class headings are accepted provided the listed terms clearly identify the goods and services; specific itemization matching Nice standard terms is recommended to prevent clarity objections.
• Class Fees: Per-class official fee structure applies.

Examination

• Examination Sequence: The Registry conducts Formal Examination to verify compliance, followed by Substantive Examination assessing absolute grounds and relative grounds (prior rights search).
• Absolute Grounds: Examined for distinctiveness, generic terms, descriptiveness, deceptiveness, public order, and morality.
• Relative Grounds (Prior Rights): Examined ex officio for likelihood of confusion against prior registered marks or pending applications.
• Office Actions: Applicants are granted a statutory period (typically 15 business days to 2 months, extendable) to respond to official requirements or preliminary refusals.

Publication & Opposition

• Publication: Once the application clears examination, an official notice (edicto) is published 3 times in the Official Gazette (La Gaceta).
• Opposition Period: 2 months starting from the date of the first publication in La Gaceta.
• Eligible Opponents: Any interested third party who considers that the published mark infringes their prior rights or violates statutory registrability grounds.
• Procedure: Administered directly before the Industrial Property Registry. The applicant is granted a 2-month term to respond to an opposition notice.

Timeframe & Acceleration

• Average Timeframe: A smooth, un-opposed trademark application typically takes 4 to 7 months from filing to registration certificate issuance.
• Expedited Examination: No official fast-track or expedited examination fee mechanism is available; applications are processed strictly in order of filing.

Official Fees

• Application Filing Fee (First Class): USD $50.00 approx.
• Additional Class Fee: USD $50.00 per additional class.
• Publication Surcharge: Variable fees payable directly for publishing the 3 required notices in La Gaceta (approx. USD $100.00–$145.00 depending on notice length).
• Registration / Grant Fee: Included in the base processing fees (no separate final grant fee).
• Renewal Fee (10 Years / per class): USD $50.00 per class.
• Grace Period Renewal Surcharge: Additional late penalty fee applies.

Term of Protection & Renewal

• Protection Period: 10 years calculated from the registration grant date.
• Renewal Requirements: Renewable for consecutive 10-year terms indefinitely. Renewal applications can be filed within the 1 year prior to the expiration date.
• Grace Period: A 6-month grace period is granted after the expiration date to file for late renewal, subject to a late surcharge penalty.

Use Requirements & First-to-File vs. First-to-Use

• First-to-File System: Costa Rica operates primarily on a First-to-File basis. Rights are acquired through valid registration, subject to limited exceptions for bad-faith filings or prior use of well-known marks.
• Declaration of Use: Not required prior to registration or during routine 10-year renewal filings.
• Non-Use Cancellation: A registered trademark becomes vulnerable to non-use cancellation (acción de cancelación por falta de uso) by an interested third party if it has not been genuinely used in trade within Costa Rica for 5 consecutive years following registration.

Post-Registration Transactions

• Assignments & Transfers: Assignments must be recorded with the Industrial Property Registry to be legally effective against third parties. A notarized Deed of Assignment and POA are required.
• Licensing: Trademark license agreements should be recorded with the Registry to produce legal effect against third parties.
• Changes of Name/Address: Official recording with the Registry is required to maintain accurate ownership records.

Enforcement & Legal Remedies

• Tribunals & Courts:
• Industrial Property Registry (Registro de la Propiedad Industrial): Administrative body managing oppositions, administrative invalidity actions, and non-use cancellation proceedings.
• Administrative Tribunal (Tribunal Administrativo Registral - TAR): Appeals court hearing administrative appeals against final decisions rendered by the Registry.
• Civil and Commercial Courts: Exercise jurisdiction over judicial trademark infringement suits, preliminary injunctions, and commercial damage claims.
• Prosecutor's Office (Fiscalía de Delitos Económicos): Handles criminal prosecutions for counterfeiting and IP crimes.
• Well-Known Marks: Protected under Law No. 7978 and Article 6bis of the Paris Convention.
• Customs Enforcement: Brand owners can register trademarks with the Customs Authority (Dirección General de Aduanas) to monitor and seize suspected counterfeit imports at ports of entry.

Country-Specific Risks & Practical Notes

• Madrid Protocol Exclusion: Costa Rica is not part of the Madrid System. International brand owners must budget for direct national representative appointments and localized filing procedures.
• Opposition Period Calculation: The 2-month opposition period runs from the date of the first publication of the notice in La Gaceta (rather than the last publication).
• Flexible POA Filing: Unlike several Central American countries requiring strict consular legalization or Apostille at the time of filing, Costa Rica permits submitting the POA post-filing within a 2-month grace window.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.