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Trademark Information

Trademark is any sign, word or combination of words or any other any other graphic or methods, whose special characters make it susceptible to clearly distinguish products, merchandise or services related to the same species or class.

The law that regulates trademarks in Costa Rica is the  "Ley de Marcas y otros Signos Distintivos" .

There are various types of marks. These are the following:

Trademarks: (fabrication, commerce o services): These kinds of trademarks distinguish merchandise, commerce or services, produced and/or manufactured by a company that fabricates, commercializes and/or gives service.

Commercial Names: mixed or denominative sign that identifies or distinguishes a company or a determined commercial establishment.

Service Marks: These marks distinguish the activities carried out by merchants.

Collective Marks: Sign or combination of signs whose owner is a collective entity. (The process for registration of a collective trademark is different from the registration of other trademarks therefore must be explained on a per client basis.)

Certification Marks: Sign or combination of signs, which apply to products or services whose characteristics or quality have been controlled and certified by the owner of the trademark.

Denominations of Origin: these are the trademarks that because of geographical denomination, designation expression or sign of a country, region, or local useful for de designation of a good particular or origin to specific country, region, local area, zone, whose quality or characteristics are exclusively due to the  specific country, region, local area, zone, natural factors, human factors (The process for registration of a collective trademark is different from the registration of other trademarks therefore must be explained on a per client basis.)

The "Ley de Marcas y otros Signos Distintivos" uses the international classification of goods and services. It also states that registered trademarks will be in force for a term of 10 years

Trademark Use

The owner of a registered trademark can, allow use of the trademark to one or more people. This license can be exclusive or non-exclusive, depending on the zone or territory in which it is used. The trademark owner can reserve the right to the simultaneous use of the same. Conditions and restrictions can be mentioned in the contract for use of the trademark, although they must not contradict any of the articles in the  "Ley de Marcas y otros Signos Distintivos" or the "Regulations for the Ley de Marcas y otros Signos Distintivos". Please visit our section on License of use for further information.

For questions and comments please contact : info@fournierlaw.com 
Last updated: April 18, 2008. Legal and Copyright Information.