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Trademark registration requisites in Costa Rica,
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Special Power
of Attorney:
A special power of attorney to a lawyer, granted by the company owning the
trademark. One power of attorney is sufficient to register several trademarks in
the name of the same company. The Costa Rican Consul must authenticate this
document; his address and telephone can be found at the official Foreign Affairs
website located at:
www.rree.go.cr. |
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Registration Certificate:
A registration certificate issued by the Trademarks Registry of the country of
origin. This document does not need to be authenticated by the Costa Rican
consul as long as it is an original document issued by the Trademark
authorities. |
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Filling Certificate:
A certificate of filing for registration of the trademark issued by the the
Trademarks Registry of the country of origin. Final registration in Costa Rica
will be delayed until the final registration certificate from the the Trademarks
Registry of the country of origin is submitted to the Costa Rican Intellectual
Property Office. This document does not need to be authenticated by the Costa
Rican consul as long as it is an original document issued by the Trademark
authority. |
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Sworn Statement: The registration certificate may be substituted by a sworn declaration
or affidavit of the applicant, if so desired or in case the trademark is not
registered in other countries. The affidavit must state where the company is
located, what it does and where the trademark is manufactured.
The Costa Rican Consul must authenticate this document; his address and
telephone can be found at the official Foreign Affairs website located at:
www.rree.go.cr. |
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Labels: When dealing with registration of a design, 15 labels of trademark are
required.
(preferably in electronic mode). |
Trademark Renewal
The
“Ley de Marcas y Signos Distitivos” states that trademarks will be in force
for a term of 10 years. Therefore, trademarks must be renewed during the last
year before they expire. Once a trademark expires, a six-month period of grace
that grants priority to the trademark begins and during this period the renewal
filing must be made through a new filing for registration. After the six months
grace period, priority on the trademark is lost
Trade
names are protected for an indefinite period of time. Thus, trade names are
registered only once and do not need to be renewed.
To
renew a trademark, a
Power of attorney given by the trademark owner is needed,
in the same conditions as for a new trademark registration.
Trademark Assignment
The Law also allows for the transfer of trademarks
between individuals, companies or any entity, for this process a power of
attorney is needed, as is for all other trademark movement. Please follow this
link for a draft of Trademark
Assignment or Sale of a registered trademark in Costa Rica.
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