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Newsletters and Bulletins / June 2000 / Costa Rica |
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Costa Rica - New Trademark Law A new Trademark Law entered into force on February 1, 2000, although, due to constitutional issues, we have been advised that its full implementation was delayed until May 9, 2000. The principal changes effected by the new law are summarized below. 1) Provision for the registration of certification marks, emblems and denominations of origin has been introduced and the use of geographical indications has been regulated. 2) Protection for notorious trademarks has been provided. 3) Belated renewal is available within six months of expiration of the trademark registration. 4) The user of an unregistered mark who has in good faith used that mark for more than three months prior to the date of his application will have a preferential right to register the mark. In the event that the mark has not been used or has been used for less than three months, the first to file or the party invoking the earliest priority date will be entitled to registration. 5) Previously, an opposition could not be based on prior use. An opposition may now be based on prior use, but the opposer must show that he has filed an application to register his mark in Costa Rica. 6) The registration of a company name which includes the registered trademark of a third party is prohibited. 7) Provision has been introduced for the cancellation of a trademark registration where the mark has become the generic name of the goods or services concerned. 8) A user requirement has been introduced for the first time, subjecting a registration to cancellation, if the mark has not been used in Costa Rica for a period of 5 years. Subsequent use cures the defect, if the mark has been used for at least 3 months prior to the filing of the cancellation action. 9) Official Fees have been increased substantially. |
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