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Amendments to Trademark Laws

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Apr 30, 2020 (Newsletter Issue 6/20)
Nicaragua
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Trademark Law Amended


The Nicaraguan Trademark Law (Law No. 380) has been amended by Law No. 1024, which has now entered into force since the date of its publication on April 3, 2020. The relevant changes are comprised by the reduction of the terms, creation of new official fees and an increase in most of the existing official fees.

The following relevant aspects are:

- Official fees for all trademark matters must be now paid upfront along with the respective filing application. Prior to said amendments, the law allowed in some cases, such as new filings and renewals, to pay the official fees within the following two months from the filing date.

- The opposition term is reduced from the previous term of two (2) months to thirty (30) business days counted from the publication date. Furthermore, there is a new applicable official fee of USD 52 that must be submitted along with the opposition brief. Such term can be extended one time only for an additional fifteen (15) additional business days by filing an extension request and paying the respective extension official fee of USD 20. The request of extension must be filed prior to the expiration of the opposition term.

- The term for the opposed party to file a response is also reduced from the previous term of two (2) months to thirty (30) business days counted from the date of the official notification of the opposition. Additionally, if the opposed party does not file a response, the application will be declared as abandoned and the file will be closed.

- The term to file evidence in opposition cases is reduced from thirty (30) business days to fifteen (15) business days, counted from the date of filing of the applicable matter (opposition or reply to opposition). Such term can be extended one time only for an additional fifteen (15) business days by filing an extension request and paying the respective extension official fee of USD 20. The request of extension must be filed prior to the expiration of the term to file evidence.

- The term to file a response to an objection raised by Trademark Office is reduced from the previous term of two (2) months to thirty (30) business days counted from the official notification of the objection. Furthermore, such term can be extended one time only for an additional fifteen (15) additional business days by filing an extension request and paying the respective extension official fee of USD 20. The request of extension must be requested prior to the expiration of the term to file the response. Lastly, all evidence must be filed along with the reply to the objection.

- For urgent cases filed locally without a Power of Attorney through the rendering of a bond, the term to file the required Power of Attorney is also reduced from the previous term of two (2) months to thirty (30) business days counted from the date of the filing. Furthermore, such term can be extended one time only for fifteen (15) additional business days by filing an extension request and paying the respective extension official fee of USD 20. The request of extension must be filed prior to the expiration of the term.

- Most of the official fees increased and new fees were created. The official fee for filing a trademark application is now USD 135 for the first class and USD 65 for each additional class.


Source: www.guybendana.com.ni