Asesores Legales en Propiedad Industrial, S.A. is glad to announce that we have managed to have the first trademark applications processed by the Costa Rican Trademarks Office under the Trademark Law Treaty.
The Trademark Law Treaty was adopted by Costa Rica in mid 2008 due to commitments contained in the Dominican Republic – Central America Free Trade Agreement (commonly called DR-CAFTA). The Trademark Law Treaty attempts to harmonize several aspects of the trademark maintenance and registration process worldwide. It contains provisions that are more beneficial for trademark owners when compared to local Costa Rican legislation, due to the lessening of formal requirements.
Even though there are no talks to have the Costa Rican Trademarks and Other Distinctive Signs Law amended to reflect changes imposed by the Trademark Law Treaty, officials from the Trademarks Office are not closed to the idea of applying the same, as they have recently shown. This is relevant, because in many ways the Trademarks Law and the Treaty are contradictory in several points. Several procedures that would simply not be possible to carry out under the trademarks Law without complying with extensive formalities are possible with the Treaty.
In general, there are signs that point towards a more flexible and standardized trademarks regime in Costa Rica. For instance, the formal requirement of legalization for power of attorney was abandoned in 2008, in favor of notarization.
International Department
trademarks@acunalegal.com
Asesores Legales en Propiedad Industrial, S.A
7 avenue, 25 & 29 streets, suite 2524
Barrio Escalante, San José 10101
Costa Rica
Tel: 506-22219058
For more information, feel free to contact the author at: ldacuna@acunalegal.com
