The short answer
A Costa Rican trademark registration expires 10 years from the date of grant and can be renewed indefinitely for 10-year periods. File the renewal request in the year before expiry, or within a 6-month grace period after it with a surcharge. Anyone can oppose within 2 months of the first publication. A mark can be cancelled for 5 years of non-use. A foreign applicant without a domicile or real establishment in Costa Rica must name a local attorney.
Trademark deadlines in Costa Rica at a glance
These rules come from Law No. 7978 of 6 January 2000 on Trademarks and Other Distinctive Signs, in the Spanish text published by the University of Alicante IP portal. Law No. 8632 of 2008 amended other articles (1, 3, 8 to 10, 18, 25, 35, 44, 74 to 82) but not the ones used here, and we confirm later changes and fees before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of grant, renewable indefinitely for successive 10-year periods counted from the previous expiry (Article 20). |
| Which date does the term count from? | The date of grant (concesión) of the registration (Article 20). |
| When can I renew? | The renewal request is filed with the Registry within the year before the expiry date. It can refer to only one registration. The Registry records the renewal without examination or publication (Article 21). |
| Is there a grace period? | Yes. The request can also be filed within a grace period of 6 months after expiry with a surcharge on top of the renewal fee. During the grace period the registration keeps its full validity, and the renewal takes effect from the old expiry date (Article 21). |
| Opposition period | Any interested person can oppose within 2 months of the first publication of the notice announcing the application, with the facts, the law and the evidence. If evidence is not attached, it can follow within 30 calendar days. The applicant has 2 months to answer (Article 16). |
| Reply to an office action | The Registry first checks form within 15 working days, with 15 working days to fix errors. In the substantive examination it notifies the objections and gives 30 working days to reply, then refuses or publishes (Articles 13 to 15). |
| Priority claim | The Law has no separate priority period in the articles we reviewed. Costa Rica is a Paris Convention member, so the 6-month priority applies through the treaty. We confirm the Registry's requirements for the claim. |
| Non-use | On request by any interested person, after hearing the owner, the Registry cancels a registration if the mark has not been used in Costa Rica during the 5 years before the cancellation action. No request can be made before 5 years from registration. Use that starts after 5 years only helps if it began at least 3 months before the request (Article 39). |
| Assignment | A mark, registered or pending, can be transferred by act between living persons or on death. The transfer must be in writing and recorded to affect third parties (Article 31). Changes of the owner's name are recorded under Article 32. |
Who can register a trademark in Costa Rica
Any person can apply. The application must name the applicant, the mark, the goods or services with their class, and include proof of payment of the basic fee. A local attorney is needed for foreign applicants (Articles 9 to 15).
Representation. An application must name an attorney in the country when the applicant has no domicile or real and effective commercial establishment in Costa Rica (Article 9(d)). We file through a Costa Rican attorney.
Trademark registration process in Costa Rica
Search
- Search the the Industrial Property Registry (Registro de la Propiedad Industrial) of Costa Rica records for identical or similar marks in your classes.
File the application
- File with the the Industrial Property Registry (Registro de la Propiedad Industrial) of Costa Rica, through your Costa Rican attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- The application is published three times in the official gazette. Anyone can oppose within 2 months of the first publication (Articles 15 and 16).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Industrial Property Registry (Registro de la Propiedad Industrial) of Costa Rica and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Costa Rica trademark validity and renewal
- The term is 10 years from the grant date.
- File the renewal request in the year before expiry.
- A 6-month grace period with a surcharge keeps the registration fully valid.
- Use the mark in Costa Rica to avoid cancellation after 5 years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Costa Rican trademark
Transfer
Change of ownership
It must be in writing and recorded to affect third parties (Article 31).
Name change
Change of the owner's name
Record the change at the Registry under Article 32.
Licence
Licensing the mark
Licences follow Article 35, with quality control under Article 36.
Limitation or division
Goods and services
The registration can be corrected, limited or divided (Articles 23 and 24).
Non-use and cancellation of a Costa Rican trademark
Under Article 39, any interested person can ask for cancellation for 5 years of non-use, and non-use can also be raised as a defence. Under Article 37, a registration can be declared null on other grounds, and under Article 38 it can be cancelled if the mark becomes generic.
Keep dated proof of use in Costa Rica: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Costa Rica
Search the Registry's trademark database. Applications are published three times in the official gazette, and the 2-month opposition period runs from the first publication.
Sources used
- Law No. 7978 of 6 January 2000 on Trademarks and Other Distinctive Signs, Spanish text on the University of Alicante IP portal (as originally published): Articles 9, 13 to 16, 20, 21, 31, 32, 37 to 39.
- Law No. 8632 of 28 March 2008 amending Law No. 7978, WIPO Lex, to check which articles changed. Registro de la Propiedad Industrial for forms and fees.
Costa Rica trademark FAQ
How long does a trademark last in Costa Rica, and from when?
10 years from the date of grant, renewable indefinitely for successive 10-year periods counted from the previous expiry (Article 20). It counts from the grant date on the certificate (Article 20).
When should I renew a Costa Rican trademark, and is there a grace period?
The renewal request is filed with the Registry within the year before the expiry date. It can refer to only one registration. The Registry records the renewal without examination or publication (Article 21).
What is the opposition period in Costa Rica?
Any interested person can oppose within 2 months of the first publication of the notice announcing the application, with the facts, the law and the evidence. If evidence is not attached, it can follow within 30 calendar days. The applicant has 2 months to answer (Article 16).
How much does it cost to register a trademark in Costa Rica?
The official fee is set by the the Industrial Property Registry (Registro de la Propiedad Industrial) of Costa Rica and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Costa Rica?
Yes, but a foreign applicant without a domicile or real establishment in Costa Rica must name an attorney in the country (Article 9(d)). We arrange the attorney and the Spanish-language procedure.
Can I assign a Costa Rican trademark?
A mark, registered or pending, can be transferred by act between living persons or on death. The transfer must be in writing and recorded to affect third parties (Article 31). Changes of the owner's name are recorded under Article 32.
Can a Costa Rican trademark be cancelled for non-use?
On request by any interested person, after hearing the owner, the Registry cancels a registration if the mark has not been used in Costa Rica during the 5 years before the cancellation action. No request can be made before 5 years from registration. Use that starts after 5 years only helps if it began at least 3 months before the request (Article 39).
How can I check the status of a Costa Rican trademark?
Use the the Industrial Property Registry (Registro de la Propiedad Industrial) of Costa Rica register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The Law has no separate priority period in the articles we reviewed. Costa Rica is a Paris Convention member, so the 6-month priority applies through the treaty. We confirm the Registry's requirements for the claim.
How do I change the owner's name or address?
Record the change with the the Industrial Property Registry (Registro de la Propiedad Industrial) of Costa Rica so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Costa Rica
SUPREMEiP® files trademarks worldwide through its network and checks every Costa Rican deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
