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More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Apr 30, 2020 (Newsletter Issue 6/20)
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
Jun 04, 2013 (Newsletter Issue 8/13)
Apostille Convention in Force
The Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents, known as the Apostille Convention, has entered into force in Nicaragua on May 14, 2013.
The Apostille Convention is a method that simplifies the legalization of foreign documents in order to verify its authenticity, reducing time and costs.
With this addition, currently the Latin-American countries member of the Apostille Convention are: Argentina, Belize, Costa Rica, Colombia, Dominican Republic, Ecuador, El Salvador, Honduras, Mexico, Nicaragua, Panama, Peru, Trinidad and Tobago, Uruguay and Venezuela.
It is important to remember that the Apostille is valid only among countries that have signed the Convention.
Nicaragua will maintain the legalization process with those countries that are not part of the Apostille Convention yet.
Source: Moeller IP Advisors
Legal basis is the Trademark Law (Law 380), in force since April, 2001, its regulation Decree 83 -2001 and Law 580, Amendments to Trademark Law (380) by Law 580.
Amendments to Regulation of Trademark Law, since June 28th, 2012 by Decree 25-2012.
Amendments to Trademark Law (Law 389), in force since April 3rd, 2020, by Law 1024.
Trademark protection is obtained by registration.
Nice classification, 10th edition
Registrable as a trademark, within others, are words or group of words, advertising slogans and phrases, letters, numbers, monograms, shapes, portraits, labels, coats of arms, designs, cartoons, borders, lines and stripes, and combinations and arrangements of colors, sounds or other perceptible signs such as smells. They may also consist of the form, presentation or packaging of the goods or their containers or wrapping, or the means or place of retail of the related goods or services.
The following sign types are registrable: trade marks, service marks, collective marks, certification marks, trade names, emblems, slogans, geographical indications, origin denominations, three-dimensional.
The application is filed at the Intellectual Property Registry (RPI).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney apostilled (according to Hague Convention) is necessary for foreign applicants. If foreign applicant is from a country which is not part of the Hague Convention, the power of attorney must be legalized by a Consulate of Nicaragua.
Applicants from Taiwan can send the Power of Attorney notarized and legalized by the Bureau of Consular Affairs, Ministry of Foreign Affairs in China (Taiwan). Bilateral Agreement between Taiwan and Nicaragua as of November 2018.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 6-8 months.
The trademark is published twice, initially for opposition purposes and lastly at the time of registration.
The substantive examination – earlier described – takes place after the trademarkʼs publication.
National:
The opposition period is 30 working days from publication date in the Official Journal of the application.
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is USD 2.00 for the form, USD 135 for a word or design trademark (per class), and USD 65 for each additional class. The certificate fee is USD 25. The standard costs for publication at the Official Gazette varies according to the size of the publication and if there are colours included (claiming colours), figures or stylized letters between USD 10 to USD 30; nevertheless, the official costs at the Official Gazette may vary, depending on the amount of products to be covered.
The trademark is published twice, initially for opposition purposes and lastly at the time of registration.
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Hague Convention
The "Convention Abolishing the Requirement for Legalization of Foreign Public Documents (from October 5, 1961) - Apostille Convention" came into effect on May 14, 2013.
By virtue of the foregoing, the public documents issued by duly authorized public servants in connection to their position and competence may be legalized through the process of apostille at the Consular General Office of the Ministry of Foreign Affairs (Apostille authority), to produce effects abroad. The apostille will only have effects in the countries that are part of the Apostille Convention.
Nicaragua maintains the legalization process with those countries that are not part of the Apostille Convention, so that public documents will be legalized and will complete the authentication chains.
Practical details on trademark licensing are available in our publication
here
May 15, 2020
Guy Jose Bendana Guerrero & Asociados, Managua, Nicaragua
Aug 01, 2019
García & Bodán, Managua, Nicaragua