COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
tion, as adding additional goods or services is not permitted. 4.8 Dividing a Trade Mark Application It is possible to divide an application at any time during the registration process into two or more applications. The only requirement is to submit a request for the division to the Trademark Office and pay the official fee. A division will not be admitted if it implies extending the list of prod - ucts or services filed in the initial application but the list may be reduced or limited. Each fractional application will keep the filing date of the initial application and the right of pri - ority, when applicable. 4.9 Incorrect Information in an Application If incorrect information is provided when reg - istering a trade mark, the registration can be annulled. This annulment may be requested by any interested third party to the Trademark Office or it can be filed directly by the Trade - mark 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 mate - rial change in the trade mark or an expansion of the list of covered goods or services. 4.10 Refusal of Registration According to Costa Rican law, a sign may not be registered 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 necessary or imposed by the nature of the product or service;
• a shape that gives a functional or technical advantage 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 char - acteristic of the product or service in ques - tion; • a simple colour considered alone; • a letter or digit considered alone, unless it is presented 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 character - istic 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 can - celled 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 com - ply with the provisions stated by law;
105 CHAMBERS.COM
Powered by FlippingBook