Quick answer: To register a trademark in Costa Rica, you file an application with the Intellectual Property Registry, part of the National Registry, identifying the sign and the goods or services under the Nice Classification. After examination, the notice is published three times in the official gazette, third parties have two months to oppose, and registration lasts ten years, renewable.
Your business name, your logo or the name of a product have value. Registering them as a trademark gives you an exclusive right to use them in commerce for the registered goods or services, and allows you to oppose others using signs that could be confused with yours. In Costa Rica, the matter is governed by the Trademarks and Other Distinctive Signs Law (Ley de Marcas y Otros Signos Distintivos, Law No. 7978), and the filing is handled by the Intellectual Property Registry (Registro de la Propiedad Intelectual), which is part of the National Registry (Registro Nacional).
A common misconception: your company is not your trademark
Registering a company under a given name does not give you an exclusive right to that name as a trademark. The company's legal name, the trade name (nombre comercial, which identifies the business or establishment) and the trademark (marca, which identifies goods or services) are different concepts and are protected separately.
Step 1: clearance search
Before filing the application, it is advisable to check whether there are registered or pending trademarks that are identical or similar, for the same goods or services or for related ones. This search reduces the risk of the application being refused or of a third party filing an opposition. The National Registry offers online searches of its trademark database.
Step 2: define the goods or services and their class
Trademarks are filed according to the Nice International Classification, which groups goods and services into 45 classes. For example, a coffee shop might need protection in the class for restaurant services and, if it sells packaged coffee, also in the class covering that product. Each additional class carries an additional fee, so it is worth defining carefully what you need to protect.
Step 3: file the application
The application is filed with the Intellectual Property Registry and includes, among other information:
- The applicant's identification (individual or company).
- The sign to be registered: word mark (words only), figurative mark (design only) or composite mark (words and design), with a reproduction if it includes a design.
- The list of goods or services and their class.
- The power of attorney of the representative, if the application is filed by an agent.
- Proof of payment of the fee. The amount is set by Article 94 of the law.
Step 4: examination by the Registry
The Registry checks that the application meets the formal requirements and analyzes whether the sign can be registered; for example, whether it is distinctive, whether it is not misleading and whether it is not confusingly similar to earlier trademarks. If it finds a problem, it notifies the applicant so that they can respond or correct it within the period indicated.
Step 5: publication and opposition period
If the application passes examination, the Registry authorizes publication of the notice, which is published three times in the official gazette, La Gaceta, at the applicant's expense (Article 15 of Law No. 7978). From the first publication, any interested party has two months to file an opposition (Article 16). If someone opposes, a proceeding is opened in which both parties may submit their arguments and evidence.
Step 6: decision and certificate
If there are no oppositions, or if they are resolved in the applicant's favor, the Registry registers the trademark and issues the certificate. The total processing time varies depending on the Registry's workload and on whether there are objections or oppositions. The Registry publishes a table of reference processing times.
Term, renewal and use
- A trademark registration lasts ten years from the date it is granted (Article 20) and may be renewed for successive periods.
- Renewal must be requested within a set period, with a grace period after expiration. It is a good idea to note the expiration date from day one.
- A registered trademark that is not used for an extended period may be cancelled at the request of a third party.
- Changes of owner (for example, when a business is sold), licenses and changes to the owner's name are also recorded with the Registry.
Practical recommendations
- Start the process before investing in signage, packaging or advertising.
- Keep evidence of the date from which you have been using the trademark.
- Periodically review the publications in La Gaceta to detect third-party applications similar to yours.
Frequently asked questions
How long does a trademark registration last in Costa Rica?
A registration lasts ten years from the date it is granted and may be renewed for successive periods. Renewal must be requested within the legal deadline, which includes a grace period after expiration, so it is advisable to note the date from the outset.
Does registering a company protect its name as a trademark?
No. A company's legal name, its trade name and a trademark are different concepts that are protected separately. To obtain an exclusive right over the name of your goods or services, you must register it as a trademark with the Intellectual Property Registry.
How long does it take to register a trademark in Costa Rica?
It depends on the Registry's workload and on whether there are objections or oppositions. At a minimum, the two-month opposition period must run after the first publication in La Gaceta. The National Registry publishes a table of reference processing times.
How much does it cost to register a trademark in Costa Rica?
A fee is paid for each class of the Nice Classification, set by Article 94 of Law No. 7978, plus the cost of the three publications in La Gaceta. Each additional class carries an additional fee.
Official sources
- Trademarks and Other Distinctive Signs Law, No. 7978 (National Registry): www.rnpdigital.com
- National Registry, trademark opposition procedure: www.rnpdigital.com
- National Registry, Intellectual Property processing times table: rnpdigital.com
Disclaimer: This article is for general information only and is not legal advice. Every case requires its own analysis. Laws and fees change; check the current rules before making decisions. If you would like us to review your case, email daliabogados@gmail.com, message us on WhatsApp or call +506 6290-5407. Bilingual service in Spanish and English.