The trademark is a distinctive sign, whose main function is to identify and individualize a product or service from others in the market. In Costa Rica, the legislation recognizes as the owner of the trademark whoever has it registration.

Despite the fact that in the country it is not mandatory to register a trademark; It is important to consider the benefits that this generates:

• Being the owner of a trademark means that you have the exclusive right to exploit it in the country.
• In the event that any person tries to register a trademark with a similar denomination or logo, you have the right to file a legal action against them.
• The registry guarantees that your company is the owner of the trademark and penalizes those who use said trademark in the country without authorization.
• The brand becomes an added value for the business.
• The protection generated by the trademark is for 10 years, if the person complies with its renewal, it could have indefinite protection.
• When registering a trademark, it is protected by laws on the matter (Law on Trademarks and Distinctive Signs, No. 7978 of January 6, 2000, and its Regulations, among others)

Among the negative aspects of not registration a trademark in Costa Rica is that if another person does so, they will have a legal presumption regarding ownership, and you will not have the right to file any legal action against them.

For those interested in registering a trademark, it is essential to be clear about what it is that you want to protect and why. Before starting the registration process, it is necessary to carry out a trademark background study that aims to identify whether the trademark or sign to be protected is already protected by another person or not.

ERP Lawyers & Associates has an expert team in Trademark Registration in Costa Rica and Intellectual Property issues, we offer our services of legal advice, category determination, facilitate legal procedures for trademark registration and trademark antecedent studies, if you are interested in our services, send us an email to info@erplawyers.com where we will gladly assist you.