COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
4.9 Incorrect Information in an Application If incorrect information is provided when registering a trade mark, the registration can be annulled. This annulment may be requested by any interested third party with the Trademark Office or it may be filed directly by the Trademark Office. The Trademark Office will decide on these issues. At any time, the registration may be amended to correct any errors if this does not involve a material change in the trade mark or an expansion of the list According to Costa Rican law, a sign may not be reg - istered as a trade mark if it consists of any of the following: • the usual or common shape of the product or packaging to which it is applied or a shape neces - sary or imposed by the nature of the product or service; • a shape that gives a functional or technical advan - tage to the product or service to which it is applied; • exclusively a sign or indication that, in the current language or commercial usage of the country, is a common or usual designation of the product or service in question; • only a sign or indication that in commerce may serve to qualify or describe some characteristic of of covered goods or services. 4.10 Refusal of Registration the product or service in question; • a simple colour considered alone; • a letter or digit considered alone, unless it is pre - sented in a special and distinctive manner; • it is not sufficiently distinctive with respect to the product or service to which it is applied; • it is contrary to morality or public order; • it includes an element that offends or ridicules people, ideas, religions or national symbols of any country or international entity; • is likely to cause deception or confusion about the geographical origin, nature, mode of manufacture, qualities, fitness for use or consumption, quantity or any other characteristic of the product or service in question; • it is identical or similar, in such a way as to cause confusion, to a trade mark whose registration has expired and has not been renewed during the
six-month grace period following its expiration, or has been cancelled at the request of its owner, and which was used in commerce for the same goods or services or others which, by their nature, may be associated with them, unless, since the expiration or cancellation, between one and three years have lapsed. This prohibition will not apply when the person applying for registration is the same person who was the holder of the expired or cancelled registration or their successor in title; • a geographical indication that does not comply with the provisions stated by law; • reproduces or imitates, totally or partially, a flag or other emblem, acronym, denomination, or abbre - viation of denomination of any country or interna - tional organisation, without the authorisation of the competent authority of the country or organisation; • reproduces or imitates, in whole or in part, an official sign of control or guarantee adopted by a country or public entity, without the authorisation of the competent authority of that country; • reproduces coins or banknotes of any country, other commercial documents, stamps and seals; • includes or reproduces medals, prizes, diplomas or other elements that lead people to suppose the obtaining of awards with respect to the cor - responding product or service, unless the awards have truly been granted to the registration appli - cant and this is verified when filing for the registra - tion; • it consists of the denomination of a plant variety protected in Costa Rica or in any foreign country with which a treaty or agreement has been signed for the protection of plant varieties; and • where the trade mark consists of a label or other sign composed of a set of elements, and the name of a product or service is expressed therein, the registration will only be granted for that product or service. If the Trademark Office objects to the application, they will grant a 15 or 30-day term to file a response. In this response, the applicant must try to persuade the Trademark Office that the application can obtain the required protection.
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