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Country trademark guide · Updated

Trademark registration in Costa Rica

In Costa Rica, a local agent files directly with the Intellectual Property Registry; Costa Rica is not in the Madrid System. One application can cover several classes, at USD 50 each. After examination, the applicant publishes three times in La Gaceta at its own cost; oppositions run 2 months from the first publication.

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Trademark registration in Costa Rica

Five questions first

Which route?Madrid does not cover Costa Rica, so a Costa Rican agent files directly. If your first application abroad was filed less than 6 months ago, you can claim its priority at the same time.Details ↓What do I need?The applicant's name and address, the mark, goods and services by Nice class, a Spanish translation of foreign wording with a meaning, and a legalised power of attorney; priority documents within 3 months.Details ↓How are official fees charged?USD 50 per class, with several classes allowed in one application, payable in colones at the official exchange rate, plus the cost of three gazette publications. Service fees are quoted after you submit the order.Details ↓How long does it take?Statutory: 15 business days to fix formal defects, 30 business days to answer objections, and 2 months to oppose from the first publication. The Registry publishes no average examination times.Details ↓What are the main risks?Publishing three times at your own cost, where delay can mean abandonment; earlier users with 3 months of good-faith use take priority; invalidity of a pre-emptive registration must be sought within 4 years.Details ↓
Key facts

Trademarks in Costa Rica: key facts

OfficeIntellectual Property Registry (Registro de la Propiedad Intelectual) of the National Registry (Registro Nacional); the law still calls it the Industrial Property Registry. Website and search links: IP Toolbox.
LawLaw on Trademarks and Other Distinctive Signs (Law 7978, in force since 1 February 2000, last amended by Law 8632 of 2008); its Regulations (Executive Decree 30233-J, last amended in 2024)
How rights ariseRegistration; where the mark has not been used, or used for less than 3 months, the first to file prevails; a person who has used it in good faith for at least 3 months has priority to register it
Madrid SystemNot a member: Costa Rica cannot be designated through an international registration under Madrid; file directly
Several classes per applicationAllowed; goods and services are grouped by Nice class with class numbers, and fees are charged per class
Foreign applicantsMust act through an agent domiciled in Costa Rica; the power of attorney must be legalised, and one signed abroad is executed under the law of the place of signing and then legalised
Publication (statutory)After examination, the Registry orders publication, and the applicant publishes the notice three times in the official gazette at its own cost, within 15 days of notification under the law
Opposition (statutory)2 months from the first publication; once the opposition is forwarded, the applicant has 2 months to reply
Responses (statutory)15 business days to remedy formal defects; 30 business days to answer substantive grounds for refusal; an application left without action for 6 months from the last notification is deemed abandoned
Reconsideration and appeal (statutory)Against the Registry's decisions: reconsideration within 3 business days, and appeal to the Registry Administrative Tribunal (Tribunal Registral Administrativo) within 5 business days
Term and renewal10 years from grant, renewable indefinitely; renew within the year before expiry, or within a 6-month grace period after it with a surcharge
Non-useAfter 5 consecutive years of non-use in Costa Rica, a third party can request cancellation, but not before the registration is 5 years old; cancellation can be limited to the unused goods
Filing feeUSD 50 per class, payable in colones at the receiving bank's official exchange rate (current text of Article 94, in force since 25 April 2008)

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing: whether to claim priority

Costa Rica is not part of the Madrid System, so it cannot be designated in an international registration: an agent in Costa Rica files directly with the Intellectual Property Registry. The real choice is whether to claim priority from an earlier application filed abroad.

ItemDirect filing without priorityDirect filing claiming priority
PrerequisiteNone; use this if you have no earlier application, or if it was filed more than 6 months agoFiled in Costa Rica within 6 months of your first application, for the same goods or services; priority can be claimed for only some of the goods
Order of priorityThe date and time you file with the RegistryThe filing date of your first application; applications or use by others during the priority period cannot be invoked against you
Extra stepsNoneDeclare the country, filing date and number of the earlier application when filing or within 2 months after; within 3 months of filing, submit a copy of the earlier application certified by the office of first filing, with no legalisation, plus a translation if needed
Official feesUSD 50 per classSame as direct filing; the fee provisions list no priority fee
RiskAnyone who files or starts using the mark first in the gap between your first application and your Costa Rican filing can block youBoth the declaration and the documents have statutory deadlines; plan them together with the application rather than leaving them to the last minute
Best forYou have not filed elsewhere yet, or your first application is more than 6 months oldYour first application was filed less than 6 months ago, especially if you are worried about pre-emptive filings in Costa Rica

If you are filing across Central America, compare Trademark registration in Guatemala: neither country can be designated through Madrid, so you file directly in each.

Not sure? Run a free search first, then submit an order online; the agent will advise you based on the search results.

What to prepare

Documents checklist

For an application through a Costa Rican agent, prepare the following information and documents. No evidence of use is needed at filing.

Applicant

  • Name and address; for a company, its place of incorporation (country of registration) and domicile, and the name of its legal representative
  • An address or electronic means for notifications; foreign applicants usually use the Costa Rican agent's address
  • Whether the mark is for goods or for services, the address of the business establishment and the mark's country of origin

The mark

  • For a mark made up only of words, with no particular typeface or colour claimed, simply state the words
  • For special typefaces, colours or figurative elements, a clear representation between 8 × 8 and 10 × 10 cm; state any colours claimed
  • Wording in a language other than Spanish that has a meaning needs a Spanish translation
  • A mark containing another person's name, image or signature needs that person's consent, legalised if signed abroad

Goods and services

  • Grouped by Nice class with class numbers; one application can cover several classes
  • Use names from the Nice alphabetical list where possible; vague, unclear or misclassified wording will be returned for correction

Priority

  • To claim priority from an earlier application, declare the country, filing date and number when filing or within 2 months after
  • Within 3 months of filing, a copy of the earlier application certified by the office of first filing, with no legalisation, plus a translation if needed

Representation

  • Foreign applicants must appoint an agent domiciled in Costa Rica
  • The power of attorney must be legalised; if signed abroad, it is executed under the law of the place of signing and then legalised. Costa Rica has applied the Apostille Convention since 14 December 2011, so where the country of signing is also a party, an apostille replaces consular legalisation
  • If the same agent has already filed a power of attorney with the Registry, it can be cited by file number instead of being filed again

Signed documents such as the power of attorney are provided following the agent's instructions. The application must be signed by the applicant, with the signature authenticated by a lawyer, unless it is filed electronically with a digital signature; in practice the agent handles this.

How long

Process and timeline

Example: a direct application with no grounds for refusal and no opposition. Periods marked "statutory" are set by law.

  1. Step 1

    Clearance search (recommended)

    Search for similar earlier marks, check that no one else is already using the mark, and settle the classes and the wording of the goods and services

  2. Step 2

    Filing

    File online or at the counter and pay the fees per class; the Registry records the date and time of filing, which sets the order of priority

  3. Step 3

    Formal examination

    The Registry examines within 15 business days; any defects must be remedied within 15 business days, or the application is deemed abandoned (statutory)

  4. Step 4

    Substantive examination

    If there are grounds for refusal, answer within 30 business days of notification (statutory)

  5. Step 5

    Publication

    The Registry orders publication, and the applicant publishes three times in the official gazette at its own cost, within 15 days of notification under the law (statutory)

  6. Step 6

    Opposition period

    2 months from the first publication (statutory); if opposed, the applicant replies within 2 months (statutory)

  7. Step 7

    Registration

    With no opposition, the mark is registered and the certificate issued; the registration lasts 10 years from grant

The Intellectual Property Registry publishes no verifiable average examination times, so this page lists only statutory periods. The publication fee is paid directly to the National Printing Office (Imprenta Nacional), which publishes the official gazette, and is not part of the Registry's fees; an application left without action for 6 months from the last notification is deemed abandoned.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are set in US dollars, charged per class, and can be paid in Costa Rican colones at the receiving bank's official exchange rate. One application can cover several classes, with one filing fee per class. The applicant pays separately for publication. The table below shows the current fees under Article 94 of the Law on Trademarks and Other Distinctive Signs.

ItemChargedAmountApprox. USD
Paid on filing
Registration application fee (per class; one application may cover several classes; payable in colones at the official rate; gazette publication costs extra)Per class50 USDUSD 50
Payable when applicable
Amendment or correction of an application (each)Per application25 USDUSD 25
Division of an application (each)Per application50 USDUSD 50
Keeping the registration
Renewal fee (every 10 years; set by law per trademark)Per application50 USDUSD 50
Surcharge for renewal in the 6-month grace periodPer application25 USDUSD 25
Other
Recordal of assignment, licence, change of name or cancellation (per class)Per class25 USDUSD 25

Source: Registro Nacional de Costa Rica, Registro de la Propiedad Intelectual: Ley de Marcas y Otros Signos Distintivos N° 7978, art. 94 a); Registro Nacional de Costa Rica, Registro de la Propiedad Intelectual: Ley de Marcas y Otros Signos Distintivos N° 7978, art. 94 i); Registro Nacional de Costa Rica, Registro de la Propiedad Intelectual: Ley de Marcas y Otros Signos Distintivos N° 7978, art. 94 j); Registro Nacional de Costa Rica, Registro de la Propiedad Intelectual: Ley de Marcas y Otros Signos Distintivos N° 7978, art. 94 d); Registro Nacional de Costa Rica, Registro de la Propiedad Intelectual: Ley de Marcas y Otros Signos Distintivos N° 7978, art. 94 l); Registro Nacional de Costa Rica, Registro de la Propiedad Intelectual: Ley de Marcas y Otros Signos Distintivos N° 7978, art. 94 e) · current fees in force since 2008-04-25 · checked on 2026-10-07

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

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Example: the same mark in 3 classes needs only one application, with filing fees of 3 × USD 50 = USD 150, plus the cost of three publications in the official gazette. Renewal after 10 years costs USD 50 per registration under the law, plus a USD 25 surcharge if renewed in the 6-month grace period after expiry.

Recording an assignment, licence or change of name costs USD 25 per class; each amendment or correction after filing costs USD 25, and dividing an application USD 50.

Service fees, including the Costa Rican agent's fee, are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Costa Rica and common refusals

These are the most common issues in Costa Rican examination, along with Costa Rican rules that are easy to overlook.

The applicant publishes three times at its own cost, and delay can mean abandonment

After examination, the Registry does not publish the application for you: it orders the applicant to publish it three times in the official gazette La Gaceta at its own cost, within 15 days of notification under the law. The opposition period runs from the first publication. An application left without action for 6 months from the last notification is deemed abandoned. Arrange publication as soon as you receive the order, and keep the dates of all three publications.

Earlier good-faith users can take priority

Costa Rica does not go purely by filing date: a person who has used the same mark locally in good faith for at least 3 months has priority to register it; only where the mark has not been used, or used for less than 3 months, does the first to file prevail. An earlier user opposing on this basis must file its own application within 15 days of opposing. If you plan to enter the Costa Rican market, file before you start selling.

Invalidity of pre-emptive registrations must be sought within 4 years

A mark that conflicts with an earlier or well-known mark, or was filed for unfair competition, can be opposed or declared invalid; but an invalidity request must be filed within 4 years of registration, and the law makes no exception for bad-faith registrations. If an agent or distributor registers your mark, oppose during the publication period if you can, and seek invalidity within 4 years at the latest.

No Madrid route, and the power of attorney must be legalised

Costa Rica is not part of the Madrid System, so an international registration cannot be extended to Costa Rica; a local agent must file directly. The power of attorney must be legalised; arranging it early helps you meet priority and response deadlines.

Very short deadlines for reconsideration and appeal

Against a refusal or other decision of the Registry, reconsideration must be requested within 3 business days and an appeal to the Registry Administrative Tribunal filed within 5 business days, both counted from notification. Decide whether to appeal as soon as you receive a refusal.

Similarity to earlier marks and lack of distinctiveness

Marks identical or similar to an earlier application or registration for the same or related goods are refused, as are words that directly describe the kind, quality or purpose of the goods, a single colour, and a single letter or number not presented in a special, distinctive way. A clearance search before filing greatly reduces these risks.

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After registration

Keeping the registration

A Costa Rican registration lasts 10 years from grant. No declaration of use is required in that time, but the mark can be cancelled after 5 consecutive years of non-use, and it must be renewed at expiry.

WhenWhat to doOfficial fee
Once the registration is 5 years oldKeep using the mark in Costa Rica and keep evidence; after 5 consecutive years of non-use, a third party can request cancellation, also for only the unused goodsNone
Within the year before expiry, every 10 yearsRenew; there is no examination or publication, and the mark cannot be changed or goods added, but goods can be limitedUSD 50 per registration
Within 6 months after expiryRenewal is still possible in the grace period, and the registration stays in force meanwhile; the renewal runs from the original expiry dateUSD 50 + USD 25 surcharge
Any timeAssignments must be in writing and recorded to be effective against third parties; a recorded change of name must also be published once in the official gazette; licences can be recorded but need not beUSD 25 per class

Use by a licensee counts as use by the owner, and so does use on exported goods. Keep sales, advertising and export evidence to defend against a non-use action.

If infringing goods are imported or exported after registration, you can ask the Registry or a court to order customs to suspend their release, on provision of security; e-commerce brand registries usually also require a registered or pending trademark.

FAQ

Trademark registration in Costa Rica

How much does a trademark cost in Costa Rica?

Official fees are USD 50 per class, with several classes allowed in one application, payable in colones at the official exchange rate. After examination, you also pay for three publications in the official gazette. Renewal every 10 years costs USD 50 per registration under the law. Service fees, including the local agent's fee, are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does trademark registration take in Costa Rica?

The Intellectual Property Registry publishes no verifiable average examination times. The statutory milestones are formal examination within 15 business days, with 15 business days to remedy any defects; 30 business days to answer any grounds for refusal; then three publications in the official gazette and a 2-month opposition period from the first, after which the mark is registered if there is no opposition.

Can I register a trademark in Costa Rica through the Madrid System?

No. Costa Rica is not part of the Madrid System, so an international registration cannot designate Costa Rica; a local agent must file directly. If your first application abroad was filed less than 6 months ago, you can claim its priority in Costa Rica, and its filing date then sets your place in the order of priority.

Can one Costa Rican application cover several classes?

Yes. Group the goods and services by Nice class with class numbers; the official fee is USD 50 per class. During examination, the application can be divided into several (USD 50 to divide), each keeping the original filing date, but the goods cannot be broadened.

Does the power of attorney for Costa Rica need to be notarised or legalised?

It must be legalised. The law requires the power of attorney to be at least legalised, and one signed abroad is executed under the law of the place of signing and then legalised. Costa Rica is a party to the Apostille Convention, so if the power is signed in another party country, an apostille replaces consular legalisation. Follow the agent's instructions for signing.

How long can a Costa Rican trademark go unused before it can be cancelled?

After 5 consecutive years of non-use in Costa Rica, a third party can request cancellation, but not before the registration is 5 years old. If only some goods are unused, only those are cancelled. If use starts after the 5 years have run, it must have begun at least 3 months before the cancellation request to save the registration.

Other IP rights

Patents: Costa Rican invention patents last 20 years from the filing date, counted from the international filing date for PCT applications; if grant is delayed beyond the statutory period, you can request compensation of the term. Costa Rica has been a PCT member since 3 August 1999.

Designs: industrial design registrations last 10 years; Costa Rica is not party to the Hague Agreement, so you file directly.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

Guatemala · Cuba · Jamaica · Panama · Dominican Republic · Honduras

Downloads

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