A trademark search in Costa Rica or any other jurisdiction is an essential step in planning an effective protection strategy for a company's trademark assets.
Why is it important?
Conducting a trademark search in Costa Rica (or trademark availability search), prior to filing a trademark application in Costa Rica, is a cost-effective measure that allows applicants to obtain a higher degree of certainty for the registration of their rights, based on the discovery of potentially conflicting applications or registrations.
A careful search, conducted by a professional, provides an informed opinion that can help to avoid some of the common pitfalls that may bar registration and help foresee potential problems that use of the trademark in the local market might face.
| Trademark searches are conducted prior to registration and can help shape trademark protection strategy. Further optimization of a company's IP portfolio can be determined with the help of a trademark audit. |
What does a trademark search cover?
Upon conducting a search, our experienced attorneys will issue a written report commenting and analyzing, based on their personal experience, on any perceived issues pertaining to the mark’s:
- Inherent distinctiveness and/or descriptiveness, according to the criteria historically followed by the Costa Rican Industrial Property Registrar (the trademark registration authority).
- Likelihood of conflicts arising in connection to registrations and/or applications filed by third parties on prior dates, including local well-known or renowned marks.
- And, finally, on the potential registrability of the application. We include our comments on any detected statutory or regulatory circumstances that may affect the marks registrability and advise on how to best approach any such eventuality.
In essence, our search reports are intended as to guide to help our clients in making the most appropriate and cost-effective decisions, according to the circumstances and the realities of trademark law and practice in Costa Rica.
What are the limitations?
First, most searches are conducted exclusively based on the records to the Industrial Property Registrar. It is possible that certain distinctive signs are being used in commerce, without their owner having filed for registration.
If this is a potential concern, conducting a more comprehensive search for use in commerce is advisable. This kind of search would not be limited to the Industrial Property Registrar's database, but would also include other sources depending on the mark’s particular characteristics and the goods or services it is intended for.
Furthermore, it is important to note that the Costa Rican Industrial Property Registrar at this point does not allow agents, attorneys or individuals to undertake searches of figurative elements prior to filing an application. Searches are solely based on the mark's description or nominative elements (i.e. just machine-readable text and not designs).
Additionally, while utmost care is employed in conducting a search, limitations inherent to the Industrial Property Registrar’s database and the examining official’s personal opinion are factors that may affect the results.
We can assist you
For more information and to request quotations, please do not hesitate to contact us.
