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Mrz 27, 2012 (Newsletter Issue 5/12)
Costa Rica
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Guidelines for TM Applications


On February 21, 2012, the Administrative Guidelines DRPI-02-2012 was published in the Official Gazzette No. 37, which set forth when the PTO will officially record the filing date of an application.

To grant a date for the filing of applications, the PTO has to assign a time and date and will admit it to procedure, only if it complies with certain requisites. These include that it contains the identity of the applicant, the address or representative in the country, the mark itself (if it is a mixed mark, a copy must be attached), the products/services it pretends to protect and proof of payment.

Taking this into account, the priority date will be counted from the date which all the requisites are fulfilled, regardless of the date that the PTO receives the application. Furthermore, the Registry will only evaluate the application once the aforementioned minimum requisites are fulfilled and the filing date has been assigned. Finally, the priority period will be counted from this date for all legal purposes.

Failure to comply with these guidelines will result in the delay of granting the date of the filing of an application.

Source: Zurcher Lawyers, Costa Rica