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Managua, Nicaragua (NI)
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Nicaragua (NI)

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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 July, 2001, its regulation and Law 580, Amendments to Trademark Law (380).
Decree 83-2001 Amendments to Regulation of Trademark Law, since June 28th, 2012.
Trademark protection is obtained by registration.
Tradename protection is obtained by first use in Nicaragua, registration before Trademark Office is only declarative.

Nice classification, 9th 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 Patent Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney signed in the presence of a notary and authenticated by a consulate of Nicaragua is necessary.
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.
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. 10 months.
Before registration, the trademark application is published in the gazette.
The substantive examination – earlier described – takes place after the trademarkʼs publication.
The opposition period is 2 months from publication date 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.
The grace period for renewals is 6 months from the due date.

Further practical details are available in our publication on this topic here
The Nicaraguan legislation establishes that by request of any interested person and previous hearing of the owner of the trademark, the judicial competent authority, will cancel the registration of a trademark when it has not being used during three uninterrupted years previous to the date in which the action of cancellation begins. The action of cancellation will not proceed before passed three years counted from the date of the initial registry of the trademark in Nicaragua.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is USD 100 for a word or design trademark (per class), and USD 50 for each additional class. The certificate fee is USD 20. The standard costs for publication at the Official Gazette varies according to the size of the publication and if the there are colours included (claiming colours), 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.

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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 licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
Mrz 29, 2016
Estudio Caldera S.A., Managua, Nicaragua

Jun 21, 2013
Arias & Muñoz, Managua, Nicaragua

Dez 08, 2011
Guy Jose Bendana-Guerrero & Asociados, Managua, Nicaragua

Nov 18, 2010
Moeller IP Advisors, Buenos Aires, Argentina

Estudio Caldera S.A.

Norman Caldera Jr.
Del Ministerio de Gobernación, 2 c. al norte y 1 cuadra al oeste, edificio 405
Nicaragua (NI)

Bendana & Bendana

P.O. Box 2225
Nicaragua (NI)

Registro de la Propiedad Intelectual (RPI)
Costado Este Hotel Intercontinental Metrocentro, Managua-Nicaragua

Tel + 505 22489300