Costa Rica Branding Protection: How to Safeguard Your Trademark from Counterfeiters
Why need a Costa Rica brand protection? Suppose your company has invested time, effort, and resources in building a unique brand, marketing strategy, and online presence also needs a team for Brand Protection. However, counterfeit products that misuse your registered trademark can severely impact your brand’s reputation, consumer trust, and revenue.
At AG Legal, we have 15 years of experience protecting top global brands in clothing, footwear, and other industries. We work closely with law enforcement and brand representatives to identify, report, and prosecute counterfeiters. This guide will help you understand trademark protection in Costa Rica and the legal steps to protect your brand.
Why Trademark Protection in Costa Rica is Essential
In Costa Rica, counterfeiting is illegal and punishable by up to five years of imprisonment under the Law of Procedures for the Enforcement of Intellectual Property Rights. These fake goods mislead consumers and pose safety risks due to poor-quality materials.
The following are important aspects about copyright protection and Costa Rican Law:
1. Understanding Intellectual Property in Costa Rica
Intellectual property in Costa Rica includes trademarks, copyrights, patents, and industrial property rights. Businesses must register their trademarks to gain exclusive rights and legal protection against third parties attempting to exploit their brand identity. You can choose to protect goods or services through registration in Costa Rica at the industrial property registry.
2. How Counterfeit Products Harm Your Business and Consumers
Fake products are not just an economic threat—they are also dangerous. Counterfeiters use low-quality materials, evade taxes, and exploit workers. These illegal operations:
- Damage brand reputation by misleading consumers.
- Cause financial losses due to unauthorized use of your trademark.
- Pose serious safety risks, especially in clothing, footwear, and consumer goods.
Consumers unknowingly buy fake goods, believing they are original, which erodes trust in your brand.
3. The Legal Framework for Trademark Protection in Costa Rica
Costa Rica enforces strict intellectual property protection laws, including:
- The Law of Procedures for the Enforcement of Intellectual Property Rights, criminalizing the counterfeiting, sale, storage, and distribution of fake products.
- Penalties of up to five years of imprisonment for counterfeiters.
There is also a consumer law, and others, but what guarantees protection for victims or brand representatives is to file a criminal complaint for prosecution.
Remove counterfeit product from the market:
This criminal complaint with our experts, allows us to meet the requirements of laws and regulations, the nature of the infraction, take samples and look of the identical or similar characteristics of the goods, and most importantly, our work to raid stores and warehouses to remove the counterfeit goods from the market.
4. The Trademark Registration Process: Why It’s a Must
To take legal action against counterfeiters, your trademark must be registered with the Costa Rican Trademark Office. The trademark registration process includes:
- ✅ Conducting a trademark search to avoid conflicts.
- ✅ Filing a trademark application with product/service classification.
- ✅ Waiting for the filing date confirmation.
- ✅ Addressing opposition from third parties.
- ✅ Receiving your registered trademark certificate.
At AG Legal, we specialize in fast and effective registration processes, ensuring smooth brand protection in Costa Rica.
5. How to File a Criminal Complaint Against Counterfeiters
The crime of trademark counterfeiting requires legal action from the brand owner. The process includes:
1️⃣ Filing a complaint with the Public Prosecutor’s Office.
2️⃣ Provide evidence of counterfeiting (samples, receipts, and reports).
3️⃣ Collaborating with law enforcement to identify counterfeit operations.
4️⃣ Monitoring storage, distribution, and retail points for counterfeit sales.
Unlike civil lawsuits, criminal prosecution can lead to arrests, fines, and imprisonment for infringers.
6. Preventing Counterfeit Sales Through Customs & Distribution Controls
To prevent counterfeit goods from entering the Costa Rican market, brands must work with:
- 🔹 Customs authorities to block fake imports.
- 🔹 Retail and distribution networks to identify illegal sellers.
- 🔹 Legal enforcement teams to detect counterfeit goods and services.
7. Legal Actions Against Trademark Infringement
When a trademark is infringed, AG Legal assists with:
- Civil lawsuits to seek damages and compensation.
- Criminal complaints to prosecute counterfeiters.
- Customs interventions to seize fake products.
Taking legal action promptly helps prevent further unauthorized use of your brand identity.
8. Appealing Trademark Rejections Before the Registral Tribunal
If your trademark application is rejected, you can file an appeal before the Tribunal. AG Legal has successfully handled trademark appeals, ensuring clients secure exclusive rights over their brands in Costa Rica.
9. How AG Legal Helps Global Brands Fight Counterfeiting
With over 15 years of experience, AG Legal collaborates with global brands to:
- 🚀 Due Diligence to Identify and report counterfeit products to authorities.
- Conduct independent or joint investigations with brands. (data protection)
- File civil and criminal litigation against counterfeiters.
- Handle trademark registration and legal appeals.
Our firm has successfully protected top clothing and footwear brands from intellectual property violations in Costa Rica.
10. Final Thoughts: Ensuring Strong Brand Protection in Costa Rica
If your business in Costa Rica faces counterfeiting threats, securing intellectual property protection is crucial. Key takeaways include:
- Register your trademark to secure exclusive rights.
- Take legal action against trademark infringement.
- Work with law firms for criminal and civil protection.
- Collaborate with law enforcement to track counterfeiters.
- File customs interventions to block fake imports.
At AG Legal, we ensure your brand remains protected against counterfeiters through legal expertise, enforcement actions, and brand monitoring.
🔒 Protect Your Brand in Costa Rica with AG Legal.
If your trademark is being counterfeited, don’t wait until your brand reputation suffers. At AG Legal, we specialize in:
- Trademark registration and appeals.
- Filing criminal complaints against counterfeiters.
- Working with law enforcement to seize fake products.
📩 Contact us today at info@aglegal.com and take legal action to safeguard your brand in Costa Rica! 🚀
