Note: (October 16, 2009) Although there has been no express change in the official position of either the Trademarks Office or the Appeals Board, registrations based on coexistence agreements have been recently issued. In either case, applicants are advised to be cautious before signing these kind of agreements and entering into obligations based on the same.
Trademark coexistence agreements (also known as ‘letters of consent’ or ‘consent agreements’) have been a part of Costa Rica’s early trademark history. For more than 5 decades they have been considered binding upon the Trademark Office’s examining officials when used to overcome ex officio refusal of registrations based on earlier registered trademarks. The only exceptions were applications covering pharmaceutical, veterinary and sanitary preparations; and other substances for medical use.
However, the Appeals Board, a panel created recently to oversee decisions on Intellectual Property matters at the administrative level, ruled that the consent of the parties bears no weight over the examining attorney’s original order of refusal. As a consequence, many trademark applications based on letters of consent are facing the possibility of refusal.
Costa Rican legislation, namely the Trademarks and Other Distinctive Signs Law, has no express provisions on letters of consent. The discipline guiding these has been based solely on judicial or administrative developments.
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
