Do you want to enter the commercial market? The first thing you should investigate is How to know if a Trademark is Registered? This is the first of the steps that you must execute, since the Brand you create will be the one that identifies your products.
For this reason, continue reading this article, where we have for you how to register, why registration should be done. Likewise, how long does the process take, what is the cost of the management and the laws that support this matter.
How to know if a trademark is registered in Costa Rica?
To begin, the first thing you should know is that the procedures related to registrations in Costa Rican territory, have to register their procedure in front of the National Registry.
For each situation there is a specific area, in this way procedures are possible, especially in the situations of Trademarks, which are in charge of the Industrial Property Registry.
To continue, you must be clear about what a Brand is, in order to prevent some mistakes:
A Trademark refers to the elements that make it possible to distinguish something. Said elements have to obey some qualities in order to be admitted, such as a Trademark that meets the requirements of the Law.
However, How to know if a Trademark is Registered? It is an easy procedure, which is carried out in person. So you must go to the Industrial Property Registry and do a review of precedents.
Doing the aforementioned, you can know if the Trademark is already registered or not. In the case of not being registered, we suggest that you register it as soon as possible, so that you can use it correctly.
How to Know if a Trademark Is Registered: How to Register?
As we told you before, if the Trademark is not previously registered, it means that you invented it and want to register it. In such a way that, below we detail what you must do to register it:
- The first step is to apply for registration in the Industrial Property Registry.
- Depending on how the request has been made, priority is given to the concession. In the event that two (2) or more people register the same trademark, the right is granted to whoever requested it first.
- Show proof of form of the Brand, based on the Art. 9 of the Law of Maracas and Other Distinctive Signs, where the requirements that this request must support are indicated.
- Then you have to wait until a thorough analysis of the requested Brand is made, and in the event of any discrepancy, you have thirty (30) business days to correct what is owed.
- When the substantive and formal tests are admitted in the Registry, it issues a decree making a statement about the Trademark, published three (3) times in the La Gaceta newspaper.
- If two (2) months have elapsed after the diffusion and there are no refusals by third parties, who are or feel affected, continue with the registration of the Trademark.
- You will make the respective payments and in this way you can get copyright.
Why Register?
As we said at the beginning, that after you have invented a Brand, you have to do the registration of this instantaneously. It should be noted that, although this is not mandatory, it is a step that we recommend you do.
Processing the registration of the Trademark is required, because it provides the opportunity to ensure the ownership of the Trademark that has been created. In turn, you can use it in accordance with the Laws and anticipating its intentional use by third parties.
So, it is essential that you know that other people can use a Trademark, if its inventor authorizes it, and also must pay for it. Also, with the intention of foresee the unauthorized use.
Likewise, it is impossible to steal the Brand, or for someone to register it previously, which prevents you from later not being able to use it as you had planned at some point.
All this serves to prevent legal conflicts, since if you use a Trademark that is registered by another individual, you have a claim secured in which you will have to invest time, in addition to penalties of another type.
How to know if a trademark is registered: How long does the process take?
All procedures take their respective time, which must be fully complied with. This process must be respected from the beginning to its expiration. The following are the times related to this procedure:
- At first, the petition it can be done whenever you want, after having created the Mark, and then verification that it has not been assigned to another person.
- Upon submitting the request for proof of form, if it is correct and with the requirements that support it, the substantive test is passed. If a requirement is missing accounts with fifteen (15) business days to present them, if you do not do it in that period, you have to start the management again.
- To continue, you go to the substantive test where if something must be modified, you have thirty (30) business days to do so. In the case of not doing it, you cannot continue with this step, that is, you must start over.
- After passing these procedures and everything is fine according to the Law, the registry is in charge of publishing a decree, where you have a period of sixty (60) days for those affected to speak, if they do not do so, the procedure continues.
- When this procedure follows, and the property of the Trademark is granted to the applicant, he has ten (10) years in a row to register.
- In the event that the time to register the Trademark is to expire (10 years), from the nine (9) years and six (6) monthsAfter the expiration of year ten (10), you have the opportunity to make the request to renew the Mark and it is given only once.
- By making this request, you are granted an extension for ten (10) more years to register the Trademark.
How to Know if a Trademark Is Registered: Costs and Laws for Registration
In reference to this essential aspect, you have to know that the costs per registration are divided in two (2). You must pay the amount of the registration request in front of the registry, which is $ 50, which you must pay in stamps for each request you make.
Also, you must cancel the request for renewal in the amount of $ 50 and you also have to pay $ 25 per fine. Said amounts are extra, due to the expenses originated by the Registry.
This includes photocopies, broadcasts and any administrative expenses that may occur.
The Law of Trademarks and Other Distinctive Signs in Costa Rica
This Law is of great importance above all to comply with it, as well as all the requirements and steps to follow. It should be noted that, even if you do not know the Law, this does not exonerate you from any guilt.
In such a way that, the Law that directs this matter is the so-called Law of Trademarks and Other Distinctive Signs, distinguished with the number 7978. Said law is divided as follows:
- It is divided into three (3) Chapters.
- Also in twelve (12) Titles.
- It is made up of ninety-four (94) Articles.
The foregoing is related to the issue of Trademarks and they clearly explain the subject fully. If you want to know more about this Law, we leave you this link so you can access it.
What is a Trademark?
A mark is a commercial type distinction essential, or a group of different distinctive with which it is linked, and provides a service or product within the market.
In general, it is common to confuse the definition of Logo as a synonym for Brand. However, what differentiates it is that the Brand must be created from what is seen with the naked eye, which distinguishes a company or an institution.
Now, a Logo can be the Brand or the fundamental distinction of it, grouped with other symbols such as the unique name, a sales phrase, secondary design, images, tonality of communication, among others.
It should be noted that not all Logos can qualify to be called a Brand. On the other hand, a Brand must in its commercial platform no matter how small, do not depend on a Logo.
Some consumer goods companies know that there is often little true distinction between a variety of Brands. In such a way that, a Brand is one of the few ways that exist to differentiate in front of consumers.
The group of marketing instruments and methodologies, which over time create the Brand and support the distinction from the competition, which is known as Branding or Brand management.
This is to build a permanent criterion in the mindset of consumers. Which makes it possible to guarantee a market niche, and direct costs that serve to ensure an amount of operational profit.
Some interesting data
Although the subject has been extensively detailed, since we have adequately mentioned the procedure to follow, How to know if a Trademark is Registered In Costa Rican territory, we also recommend the following:
- Find information about the Trademark registration.
- Carry out the procedure in an organized manner.
- Gather the requirements, to avoid delays in the process.
- Obey the established time periods.
- Make the respective modifications, according to the guidelines given by the Registry.
- When you get the right you must proceed to register the Trademark, Do not leave it for last minute.
- If you need other extra information, you can contact the following phone number (506) 2202-0623. Also to this email address: consultationsrpi@rpn.go.cr.
You already have all the necessary information about How to know if a Trademark is Registered? This topic is essential, because it guarantees your ownership of the Brand you invented, and at the same time you have the copyright.
It is a pleasure to have helped you with this procedure, the objective is that you can carry out your management effectively, without delay and successfully. Follow all the steps that we have exposed you, and that’s it.
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