If you have a business in Costa Rica and you want to protect to the maximum the line of business and the fundamental basis of it, it’s essential to register the trademark of the business properly. Trademark registration provides exclusivity in the market regarding the trade name, grants legal rights to prevent other from using it without consent and provides that added value to the company, facilitating future negotiations or business alliances.

In order to register the trademark, the following steps must be followed:

1. Availability: It’s important that prior to the filing of the application an in-depth study of the trademark to be registered is carried out, in order to find possible similarities with other already registered and avoid future legal conflicts, this will save you time and money in the future.
2. Products or Services: It must be clear, specific, and detailed when defining the products or services offered that will be related to the trademark.
3. Filing: Once the previous study has been carried out, the necessary forms for the registration of the trademark must be completed and filed before the Industrial Property Registry
4. Examination of Form and Substance: Once the application is filed, the Registry Will evaluate if the trademark complies with all the requested requirements, as well as having enough elements that differentiate it from other, this is why a good study prior to the filing of the application is necessary.Publication: Once it’s defined that the trademark complies with all the requirements and that it has enough differentiating elements, the Registry grants the registration of the trademark and an edict will be published in the Official Gazette “La Gaceta”, from this moment is legally protected for a period of 10 years.

Now, once the trademark is registered you cannot forget about it, take advantage of the registration and use your business in the best way, for this it’s important to consider the following:

1. Vigilance: Once is registered, check that no unauthorized person is using the name or logo of the trademark, if this happens, legal action may be taken.
2. Correct use: Use the mark and exploit the mark in the best and consistent manner in all communications, products and advertising.
3. Renewal: The registration provides the trademark protection for a period of 10 years, after which the business must be renewed, so that it continues to be protected under the law.

Registering the trademark of your business is definitely a fundamental step for consolidation and growth, not only because it protects the identity of the business, but also because it provides the added value that all businesses seek in the market, which is why having a good legal advice is vital.

At ERP Lawyers we have a team of lawyers specialized in this area ready to provide you with the best assistance. If you need more information, please do not hesitate to contact us at info@erplawyers.com.