Trademark Renewal in Costa Rica: Deadlines and Process

Trademark Renewal in Costa Rica: What Happens When Your Ten Years Are Up

---

Trademark renewal in Costa Rica is one of the most important — and most overlooked — deadlines in brand management. A registration lasts ten years. When that term ends, the mark does not renew itself — it expires, and the name you built your business around becomes available for anyone to register. The good news: renewal is straightforward if you act on time. The law gives you a one-year window before expiration and a six-month grace period after it. Miss both, and the mark is gone. This guide covers everything about trademark renewal Costa Rica owners need to know: the exact deadlines, what the application requires, and what happens if you let the clock run out.

Key deadlines for trademark renewal in Costa Rica

The renewal timeline: when to act

Under Article 20 of Law 7978, a trademark renewal in Costa Rica starts with understanding when your registration expires. The mark expires ten years from the date of grant — not from the filing date, which may be months earlier. The renewal can be filed indefinitely, each time for a new ten-year period counted from the previous expiration date.

For trademark renewal in Costa Rica, Article 21 sets two critical windows:

What a trademark renewal in Costa Rica requires

Article 21 of Law 7978 lists the requirements. The renewal application must include:

1. Name and address of the trademark owner.
2. Registration number of the mark being renewed.
3. Name and address of the representative in Costa Rica, if applicable. A new power of attorney is only required if the representative has changed since the original registration or the last renewal.
4. Updated list of goods or services, if the owner wants to reduce or limit the scope. The classes must follow the Nice Classification. You cannot expand the scope at renewal — only narrow it.
5. Proof of payment of the renewal fee (and the surcharge, if filing during the grace period).

Each renewal application covers one registration only. If you hold multiple marks, each one requires its own renewal filing.

Once the requirements are met, the Registry renews without further examination (Regulation, Article 28). There is no re-examination of the mark, no new publication, and no opposition window. Renewal is administrative, not substantive.

The six-month grace period — and what it costs

If you miss the one-year window before expiration, the law provides a six-month grace period after the expiration date. During this period, the registration maintains its full validity — you are still the owner, and your rights are enforceable.

However, filing during grace comes with a mandatory surcharge on top of the standard renewal fee. The surcharge exists precisely to discourage late filing. And the risk is real: if internal processes, staff changes, or a missed calendar reminder push the filing past the grace period, the mark is lost entirely.

One important detail from Article 21: the renewal filed during the grace period takes effect retroactively from the date of the previous expiration, not from the date of filing. So there is no gap in protection — as long as you file before the grace period ends.

What happens if you miss your trademark renewal in Costa Rica

Once the six-month grace period expires without a renewal filing, the registration lapses. The consequences are concrete:

• The name becomes available. A third party can apply to register the same or a confusingly similar mark.
• You lose enforcement standing. Without a valid registration, you cannot oppose filings, request seizures, or pursue infringers.
• Re-registration is not guaranteed. If someone else files for the mark while yours is lapsed, you may face an opposition or be unable to recover it at all.
• Years of brand equity are exposed. The commercial value you built around the name has no legal protection until and unless you register again.

Renewal for foreign owners: the counsel requirement

If the trademark owner has no domicile or establishment in Costa Rica, Article 442 of Law 7978 requires a local representative — the same requirement that applied to the original filing. For renewal, Article 21 adds a practical note: a new power of attorney is only needed if the representative has changed. If it is the same counsel, the renewal references the existing power.

This is one of the reasons international IP firms maintain an ongoing correspondent relationship in Costa Rica rather than engaging counsel ad hoc: the correspondent tracks renewal dates, files on time, and ensures no mark in the portfolio lapses. For more on how this relationship works, see our guide to trademark registration in Costa Rica.

Renewal and use: the five-year rule you cannot ignore

Renewal keeps the registration alive, but it does not protect you from cancellation for non-use. Under Article 39, if a registered mark has not been used in Costa Rica for five years, any interested party can request its cancellation.

Article 40 defines what counts as “use”: the products or services must have been put into commerce with the mark, in a quantity and manner that is normal given the market size and the nature of the goods. Defensive registrations — marks filed but never actually used in the country — are vulnerable to this challenge.

The interaction between renewal and use matters: you can renew a mark you are not using, but a competitor can then request its cancellation. Renewal without use is a temporary shield, not a permanent one. We explain the full cancellation process in our guide to trademark cancellation for non-use in Costa Rica. For brands that register in Costa Rica ahead of market entry, the five-year clock starts ticking from the date of registration — and if the entry is delayed, the risk of cancellation grows with each year of inactivity.

For more on enforcement and brand defense, see our anti-counterfeiting guide.

Frequently asked questions

How long does a trademark registration last in Costa Rica?

Ten years from the date of grant, renewable indefinitely for successive ten-year periods (Article 20, Law 7978).

When can I file the renewal?

Up to twelve months before the expiration date. If you miss that window, a six-month grace period with surcharge applies after expiration (Article 21).

What happens if I miss the grace period?

The registration lapses. The mark becomes available for others to register, and you lose enforcement standing.

Is the mark re-examined at renewal?

No. If the application and fee are in order, the Registry renews without further examination (Regulation, Article 28).

Can I expand the scope of my mark at renewal?

No. At renewal you can reduce or limit the list of goods and services, but not expand it. To add new classes, a separate application is needed.

Can a renewed mark still be cancelled for non-use?

Yes. Renewal keeps the registration alive, but under Article 39, a mark not used in Costa Rica for five years can be cancelled at any interested party’s request.

Related guides

• Trademark Registration in Costa Rica: The Local Filing Rule
• Trademark Enforcement: Anti-Counterfeiting Guide
• Nice Classification: Find Your Trademark Class

This article is general information, not legal advice. Source: Law No. 7978, Articles 20, 21, 39, 40, 442; Regulation (Decreto Ejecutivo 30233), Article 28. Consult qualified counsel before making decisions.