What is the process like, what is the validity and when must the renewal be carried out. All the information you need to know in the following article.When talking about trademark registration, both commercial and service trademarks, one of the most frequently asked questions has to do with everything related to deadlines: stages of the registration process, validity and renewal.
The particularities of the trademark registration process in Costa Rica
This procedure consists of seven steps or stages. Firstly, the background search in the Intellectual Property section of the National Registry website, to verify if the trademark is already registered. Secondly, its classification, that is, the Nice class to which it belongs. The third step is to request registration, known as “Request for Registration of Distinctive Signs”, again in the Intellectual Property section of the National Registry website for those who want to carry out this procedure online, or by presenting the physical form at their office. The fourth stage refers to the payment of the assessment with the corresponding fee. The fifth step is the publication in triplicate of the application in the official newspaper La Gaceta. Sixth, the opposition is given, this means that for a period of time. 30 days anyone can, as the name indicates, oppose the registration. The process ends with the final resolution of the application issued by the National Registry.
Validity and renewal of trademark registration
As we mentioned previously, one of the biggest concerns when registering a trademark is knowing what the validity period is and how to renew it if desired. In Costa Rica it is equivalent to ten years, and trademarks can be renewed indefinitely for equal and successive periods.
An important fact to keep in mind is that renewal must be requested one year before its expiration. Although the holder can access a grace period of six months after the validity has expired. Once this time has passed, he has an exclusive right, also for six months, to process the registration again. Once this period has expired, and without renewal, any third party can manage and request the registration of the trademark in their name.
The case of BAC Credomatic versus Banco Improsa
An event that at the time had a lot of impact was that of BAC Credomatic against Banco Improsa. In 2017, the latter requested registration of the “Improsa” brand for its financial services. For its part, BAC Credomatic opposed the application, alleging that it had the BAC trademark for similar services. Faced with this dilemma, the General Directorate of Industrial Property ruled in favor of BAC Credomatic, denying the registration of “Improsa”. As a result, Banco Improsa did not renew the registration of the “Improsa” brand within the established period, which resulted in its validity expiring and BAC Credomatic being able to register it without opposition.
Cases like the one mentioned above reflect the importance of proper legal advice. If you need this service to check the registration status of your trademark or process renewals, we have specialist lawyers who can help you. Contact ERP Lawyers.
