Any sign or combination of signs may be registered in Costa Rica as long as they distinguish the goods or services of a person of those of another one.  They must be distinctive and susceptible enough for identifying the goods or services to which they will apply. The registration of collective trademarks, certification trademarks, sound trademarks is also allowed in Costa Rica.  A trademark can also make reference to geographical names as long as they are distinctive enough and their use is not susceptible to cause confusion regarding the origin, source and qualities or features of the goods or services that the trademark will protect.

The registration of geographical indications, commercial names, emblems, expressions or slogans, and appellations of origin are also allowed in Costa Rica.

The registration term for trademarks is ten years; and it is renewable successively for the same term. A mark is vulnerable to a cancellation action for non use five years after its registration date..  .  Our law also establishes the possibility of filing  a cancellation or nullity action before our Trademark Office and such action  prescribes four years  after its date of registration.

According to our law a registered trademark is considered to be in use when the products or services it protects have been placed in the Costa Rican market, in the quantity and the manner that normally corresponds, taking into consideration the market size, nature of the products or services and their marketing modalities. Use is considered if the trademark is placed in export goods from Costa Rica.

If the trademark is being used in a different manner from the one protected (not a substantive change) and do not alter its essence, this could be regarded as use too. If the trademark is being used by a licensee this will be considered use of the trademark.

Our country does recognize famous trademarks. Our law recognizes the right holder of a well known mark the right to avoid the unjust use of the notoriety of a mark and the loss of distinctiveness or weakening of the mark due to the use of a third party. Our PTO can undertake, ex officio, or at the request of an interested party, to refuse or to cancel the registration, and to prohibit the use, of a trademark which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a mark considered or use to be well known in that country and used for identical or similar goods. These provisions shall also apply when the essential part of the mark constitutes a reproduction of any such well–known mark or an imitation liable to create confusion therewith.  According to Costa Rican jurisprudence, a trademark will be considered notorious if it holds the following features:  a) the level of distinctive capacity that the trademark has whether it is inherent to the sign or by distinction; b) the geographical extension of the trade area in which the trademark is used; and c) the level of recognition of the notorious trademark in the trade area in which it is competing.