– The Trademarks and Other Distinctive Signs Law No. 7978 of January 6, 2000, as amended.
– Regulations to the Trademarks and Other Distinctive Signs Law, Executive Decree No. 30233-J of February 20, 2002.
– Law for the Promotion of Competition and the Effective Defense of Consumers No. 7472 of December 20, 1994, as amended.
– Regulations to the Law for the Promotion of Competition and the Effective Defense of Consumers No. 36234-MEIC of September 30, 2010.
– Observance Procedures of Intellectual Property Rights Law No. 8033 of October 12, 2001, as amended.
– Law for the Identification of Costa Rican Bananas on the International Market No. 8063 of December 20, 2000.
– Regulations to the Trademarks and Other Distinctive Signs Law Concerning Geographical Indications and Designations of Origin, Executive Decree No. 33743-J of March 14, 2007.
– Administrative Rules on the Service of the Administrative Registration Court, Executive Decree No. 35456-J of March 30, 2009.
– Administrative Rules on Prosecution of Appeals before the Administrative Registration Court, approved in Session 46-2016 of November 28, 2016.
– Administrative Rule DPI-0003-2019 on Recognition of Fame or Notoriety, issued on June 28, 2019.
– Administrative Criteria C-085-2020 by the Procurator General of the Republic ("Procuraduría General de la República"), issued on March 16, 2020.

– Convention Establishing the World Intellectual Property Organization (WIPO), since June 10, 1981.
– GATT – Uruguay Round Table 1994.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since October 31, 1995.
– Free Trade Treaty with Mexico 1995.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Stockholm Act, since July 30, 1997.
– Dominican Republic – Central America – United States of America Free Trade Agreement (DR-CAFTA), since November 21, 2007.
– WIPO Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks, since March 28, 2008.
– Trademark Law Treaty, since October 17, 2008.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since December 14, 2011.

Applicant: anyone.

Foreigners and nationals not living in the country: must appoint a resident lawyer.

Trademarks of foreigners: same regulations as for nationals apply, except certain deadlines during prosecution of applications are extended. 

Filing without proof of home registration (where applicable): possible.

Kinds of protection: trademarks, sound marks, three-dimensional marks, trade (commercial) names and emblems, slogans, service marks, collective and certification marks, geographical indications and denominations of origin.

Novelty: trademarks must be novel in comparison to previous Costa Rican trademark registrations, previously used trademarks, or well-known marks of countries signatory to the Paris Convention even if not registered in the country.

Not registrable: those marks which: (a) are identical to or resemble other marks, trade names, certification marks, geographical indications or denomination of origin and emblems previously used, applied for or registered in Costa Rica or well-known marks, even if not registered in the country and cover similar or identical goods or services; (b) are the usual form of a product or service, or give them a functional or technical advantage, or qualify or describe any of the product or service characteristics, or are isolated colors or letters; (c) are contrary to morals or public order, or resemble national flags, coats of arms or emblems, or reproduce medals, rewards, currency and other commercial documents, or affect third parties personality rights, or is likely to violate a copyright or to perpetrate unfair competition acts.

National flags, acronyms and symbols: only if authorized by the Legislative Assembly. Pertaining to Costa Rica, this equates to a strong restriction for national flags, acronyms and symbols.

Names or portraits: only if previously authorized by the person or the person’s immediate heirs.

Trade names: may be registered before the Trademark Office; do not require classification under Nice.

Slogans: may be registered before the Trademark Office; do not require classification under Nice, but must be used in association to a specific previously registered mark or trade name.

Association marks: provided for.

Priorities: six months.

Classification: international (45 classes), currently using the 12th Edition, as published by the Spanish Patent and Trademark Office.

Multi-class applications: permitted.

Territory covered: Republic of Costa Rica.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, notarized;
2. List of goods or services to be protected;
3. 1 print (min. 1 x 1 cm, max. 15 x 15 cm);
4. If priority is claimed, a certified copy of the home application or certificate of registration (no Apostille or consular legalization required).

For renewals of trademarks:
1. Power of attorney, notarized;
2. 1 print (min. 1 x 1 cm, max. 15 x 15 cm).

For assignments of trademarks:
1. Power of attorney, notarized;
2. Assignment document signed by both assignor and assignee, a certified copy of said document or of an extract thereof, with Apostille or legalized by a Costa Rican Consulate;
3. Registration particulars in Costa Rica.

For a change of name:
1. Change of name document, a certified copy of said document or an extract thereof, with Apostille or legalized;
2. Power of attorney, notarized.

For a change of address:
1. Power of attorney, notarized.

Notes: powers of attorney may relate to one or more existing and future applications and/or registrations for a particular person or entity. There is no need to submit additional powers of attorney if said document is already on file at the Registry. Furthermore, if a power of attorney is not submitted at the time of filing the application, it must be submitted within the two following months, under Rule 5(1) of the Regulations to the Trademark Law Treaty, or, alternatively, within the three following months if the attorney acts as de facto agent for the applicant and provides a surety.

Electronic filing: available.

Amendment of application: provided for; the mark may not be altered in its essential characteristics and broadening of the list of goods/services covered is not permitted.

Examination: formal and as to novelty.

Opposition: may be based on: (a) prior use of unregistered mark, in which case the opposing party is required to file a defense mark within fifteen days as of the date of opposition; (b) likelihood of confusion with a registered mark; (c) if the application fails to meet statutory requirements for registration (e.g. is merely descriptive, generic, risk of association etc.); (d) dilution of famous mark, amongst others. 

Disclaimers: available.

Letters of consent: not binding upon the Examiner, and, in fact, are generally viewed negatively, especially in matters involving public interest (e.g. medicines and drugs).

Disputes about ownership: must be brought before the ordinary courts in a civil suit.

Application kept secret: not provided for.

Appeal: may be made before the Administrative Registral Court against the decisions of the Registrar, within the following five working days.

Urgent registration: not provided for.

Publication: three times in the Official Journal with a period of two months for filing opposition.

Correction of registration: possible at any time, unless involving a change in the essential characteristics of the mark or a broadening of the scope of the products or services covered.

Delivery of document: about four to nine months after filing, under ordinary circumstances. The official certificate is issued in paper or electronic format.

Beginning of protection: from the date of registration, preliminary protection from the date of filing of the application, but it does not become enforceable until the mark is registered.

Kind of property: registration constitutes a statement of ownership.

Duration: for periods of ten years for trademarks; trade names and slogans last indefinitely while the corresponding enterprise or associated registration exists. 

Renewals: indefinitely for additional periods of ten years up to one year prior to the expiration date. Grace period: six months, with surcharge.

Compulsory character of registration: not compulsory.

Obligation to use: cancellation might be ordered if the mark has not been used during a five-year term preceding a cancellation action.

Marking of registered goods: not compulsory.

Text of marking: “Marca Registrada” or the symbol ®; for Central American products only “Producto centroamericano hecho en….”.

Modification of the mark: very restrictive, only allowed in exceptional circumstances and if there is no substantial change of the mark or an addition to the list of products or services protected.

Changes in the list of goods: possible, only to reduce the list.

Licenses: must be registered to have effect against third parties.

Assignment: must be recorded; the assignment deed requires legalization by a Costa Rican Consulate or Apostille under the Hague Convention.

Rights of prior user: recognized.

Opposition to registered marks: in civil suits brought before the ordinary courts and in administrative actions brought before the Intellectual Property Registrar for nullification and cancellation. Compulsory licenses: there are no regulations concerning compulsory licenses.

Re-filing of identical marks: not possible by third party before a one-to three-year term after cancellation of the mark or expiration without renewal, there are no restrictions for identical marks on behalf of the same owner.

Expropriation: no special means of expropriation are provided for.

Provision for restoration: not provided for.

Infringement and penalties: provided for; statutory damages available for offenses involving counterfeiting.

Non-Contentious Recognition of Fame or Notoriety

A trademark owner may voluntarily apply to the Registry for administrative recognition of the status of fame or notoriety for a trade or service mark (no pending opposition or cancellation is required).

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, notarized;
2. Name and address of applicant;
3. Relevant particulars of the relevant mark;
4. Sufficient proof.

Proof: the applicant is required to prove that the mark falls under the criteria outlined in the WIPO Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks, and Article 45 of the Trademarks and Other Distinctive Signs Law. 

Formalities: any documents not deemed authentic originals must be certified by a notary public (alternatively, apostilled or legalized if issued abroad), and submitted with a translation into Spanish. 

Procedure: if the request is granted, a notice will be published in the official Gazette for opposition. 

Opposition: any interested party may oppose a decision granting the status of fame or notoriety within two months from publication. 

Rights granted: fame or notoriety grants the owner of the mark protection against tarnishment and dilution, as well as the right to registration of confusingly similar or identical marks for any kind of goods or service.