Castro & Pal

The Director of the National Registry´s Intelectual Property branch has issued, as a result of a growing number of inquieries, the following information regarding trademark searches and trade names, in a recent release:

1.-Trade names: It has been a common practice for the Registry to deny any requests for trade names when these are not linked to comercial establishments with a physical location in Costa Rican soil. Issues have logically arisen regarding this requirement, and whether servicies can be protected by such trade names. Despite the fact that several trade name applications are pending due to this reason alone, the Registry has decided to continue with this policy, until the Tribunal Registral Administrativo (Administrative Court) issues a final ruling and sets a precedent in this sense.

2.-Oficial trademark affinity search engine: The WIPO is now in charge of reviewing the technical detailes of this software that plans to provide a search engine that seeks any registered trademark, or trademark application, that holds resemblance to the one submitted. The Costa Rican PTO clarified that it is in the final stages, and that only minor corrections after a failed diagnostic test are necessary. No official date has been anounced, nonetheless.