COSTA RICA Law and Practice Contributed by: Maricruz Villanea Villegas, Roberto Arguello, Edna Lopez and Leyla Harper-Dominique, IDEAS IP
8.4 Trade Marks, Trade Dress and Industrial Designs Costa Rica does not use the term “trade dress” but protects the concept through three-dimensional trade mark registration. Trade marks protect distinctive signs identifying commercial origin (with indefinite renew- able term); industrial designs protect the ornamental appearance of a product (ten years, non-renewable); trade dress elements such as packaging and product shapes are protectable as three-dimensional marks under the Trademark Law. A product shape or packaging can be simultaneous- ly protected as an industrial design and as a three- dimensional trade mark provided the requirements (novelty/originality for designs, distinctiveness for marks) are independently met. 8.5 Copyright and Trade Marks An original logo or artistic branding element receives automatic copyright protection under Law No 6683 as an applied artistic work, covering all unauthorised reproduction regardless of the commercial context. The same logo may also be registered as a figurative or mixed trade mark under Law No 7978, providing protection against confusing uses in commerce within the registered classes, with an indefinitely renewable ten-year term. Both protections coexist on the same element; copyright is broader in scope, whereas trade mark enforcement is stronger in the commercial chan- nel.
The only limitation operates at the trade mark registra- tion stage: Article 8 (j) of the Trademark Law prevents registration of a sign that would infringe a third party’s copyright. The two regimes are otherwise independ- ent – neither limits enforcement of the other once both rights are held by the same owner. 8.6 Enforcement and Remedies Across Multiple IP Rights No response has been provided in this jurisdiction. 8.7 International and Cross-Border Considerations No response has been provided in this jurisdiction.
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