Trademark Registration in Costa Rica: Why an International Mark Does Not Protect You Here
If your company holds an international trademark and plans to operate in Costa Rica, there is one fact that changes everything: Costa Rica is not a member of the Madrid Protocol. An international registration filed through WIPO — the one that covers more than 130 countries with a single application — does not extend here. To hold enforceable rights in Costa Rica, you must file a national trademark registration directly before the Registry of Industrial Property, and if your company has no domicile in the country, the law requires you to appoint local counsel to do it.
- No Madrid Protocol shortcut. Costa Rica is outside the system, so an international registration confers no rights here. A direct national filing is the only route.
- Rights come from registration, with a use exception. Under Article 4 of Law 7978, whoever files first generally prevails — unless someone has used the mark in good faith for more than three months.
- Foreign owners must appoint local counsel. Article 442 requires an in-country representative for applicants without domicile or a real establishment in Costa Rica.
- Ten-year term, renewable indefinitely. Registration lasts ten years from grant and can be renewed for successive ten-year periods (Article 20).
- Use it or risk losing it. A registration unused in Costa Rica for five years can be cancelled at a third party’s request (Article 39).
Intellectual Property · Trademarks
- Why the Madrid Protocol does not help you in Costa Rica
- Who owns a trademark: filing first vs. using first
- What foreign companies must do differently
- Trademark registration in Costa Rica, step by step
- Keeping the registration alive: renewal and use
- Trademark vs. commercial name
- Five trademark registration mistakes to avoid
- Frequently asked questions
Why the Madrid Protocol does not help you in Costa Rica
The Madrid Protocol lets a brand owner file one international application and extend protection to more than 130 member countries. It is the backbone of international trademark strategy — and Costa Rica is not part of it.
The practical consequence is direct. If your company obtained an international registration through WIPO, that registration simply does not designate Costa Rica, because Costa Rica is not a designable member. Whatever protection you believe you hold across your international portfolio, in this country it does not exist until you file nationally.
This is not a preference or a commercial upsell. It is a structural gap: the only way to obtain enforceable trademark rights in Costa Rica is a direct national registration before the Registry of Industrial Property, governed by Law 7978, the Law on Trademarks and Other Distinctive Signs. For companies with a real market presence — or plans to enter — that filing is the foundation on which everything else, including enforcement against counterfeiting, depends.
The single most common misunderstanding: “We have an international trademark, so we’re covered.” In Costa Rica you are not. The registration must be national, and if your company is not domiciled here, the law requires you to file through local counsel.
Who owns a trademark in Costa Rica: filing first vs. using first
Many countries follow a pure “first to file” rule. Costa Rica does not, and the distinction matters when two parties claim the same mark. Article 4 of Law 7978 sets a mixed rule of priority.
- If the mark is already in use, the party who has used it in good faith in commerce for more than three months has the preferential right to register it.
- If the mark is not in use, or has been used for less than three months, the registration goes to whoever files the application first, or invokes the earliest priority date.
Two consequences follow for a foreign brand. First, filing early still matters enormously: in the common case where nobody is using the mark yet, priority is decided by the date and hour of filing. Second, prior good-faith use is a real defense — which is exactly how trademark squatters are sometimes defeated, and exactly why a proper clearance search before filing is essential.
The law also grants a six-month priority window under the Paris Convention (Article 5): if you filed in another member country, you have six months to file in Costa Rica while keeping your original date. For companies rolling out into Central America, that window is a planning tool worth using deliberately.
What foreign companies must do differently
If your company has no domicile or real, effective establishment in Costa Rica, Article 442 of Law 7978 requires you to appoint a representative in the country to file and manage the application. This is not a formality that can be waived; it is a filing requirement.
That single provision is why every serious international brand entering Costa Rica needs local counsel — not as a convenience, but because the Registry will not process the application otherwise. It is also why international IP firms routinely work with a Costa Rican correspondent: there is no way around the national filing, and no way to make the national filing without in-country representation.
For law firms and brand owners abroad, this makes the relationship straightforward. The mark is registered nationally, renewed nationally every ten years, and enforced nationally — each step requiring a party authorized to act in Costa Rica.
Trademark registration in Costa Rica, step by step
The process is orderly, and doing the early steps well prevents the expensive problems later.
- Clearance search. Before filing, search the Registry for identical or confusingly similar marks. This is where conflicts — and the risk of a later opposition — are caught cheaply.
- Prepare the application. Identify the mark — it may be a word mark, a logo, a mixed word-and-image mark, or even a three-dimensional sign — the goods or services by class, and the owner. Foreign owners appoint local counsel here, as Article 442 requires.
- File before the Registry of Industrial Property, establishing your priority date and hour.
- Examination and publication. The Registry examines the application and publishes it so third parties may review it.
- Opposition window. Third parties have two months from publication to oppose. This is a real risk stage, and a common reason registrations stall.
- Grant and registration. Once cleared, the mark is registered and your ten-year term begins.
Entering the Costa Rican market, or protecting a brand already here?
START YOUR TRADEMARK FILING →Keeping the registration alive: renewal and use
Registration is not the end of the obligation. Two rules decide whether your rights survive.
Renewal every ten years. Under Article 20, a registration lasts ten years from grant and can be renewed indefinitely for successive ten-year periods. Miss the renewal and the mark lapses — which is why serious brand owners track renewal dates across their whole portfolio rather than reacting when a deadline arrives.
Use it or risk losing it. Under Article 39, a mark that has not been used in Costa Rica for five years can be cancelled at the request of any interested party. For a foreign company that registers defensively and then delays market entry, this is a genuine exposure: the registration you paid for can be stripped away by a competitor who wants the name. We cover both of these in dedicated guides on trademark renewal and cancellation for non-use.
Trademark vs. commercial name: two different protections
These are frequently confused, and the difference has grown more important since the company-name reform. A trademark protects the goods or services you sell. A commercial name protects the identity of the business itself — the store or the venture.
They are acquired differently, too: a trademark right generally turns on registration, while under Article 64 the exclusive right to a commercial name is acquired by first use. Since newly formed companies can no longer include a trade name in their articles of incorporation, registering the commercial name has become the practical way to protect business identity. We explain that shift in our guide to company name changes under the reform.
| Feature | Trademark | Commercial name |
|---|---|---|
| Protects | Products or services | The business or company itself |
| Right arises from | Registration (Art. 4) | First use (Art. 64) |
| Term | 10 years, renewable (Art. 20) | Lasts while in use |
| Protection against | Similar or identical marks | Confusingly similar names (Art. 66) |
Both are registered before the Registry of Industrial Property, and both matter: the trademark defends what you sell, the commercial name defends who you are. Article 66 of Law 7978 specifically allows action against a business name confusingly similar to yours.
Five trademark registration mistakes foreign brands make in Costa Rica
- Assuming the international registration covers Costa Rica. It does not — the country is outside the Madrid Protocol, and the mark must be filed nationally.
- Delaying the filing. Where nobody is using the mark yet, priority is decided by filing date and hour. Waiting invites a squatter to file first.
- Skipping the clearance search. Filing blind risks an opposition within the two-month window and the loss of the filing fee and time.
- Registering and then not entering the market. Five years of non-use exposes the registration to cancellation under Article 39.
- Forgetting the ten-year renewal. A lapsed mark can be taken by someone else, forcing a fight to recover a name you once owned.
Important: this article is general information about Costa Rican trademark law, not legal advice for a specific mark, and it does not create an attorney–client relationship. Priority, opposition, and cancellation outcomes depend on the facts of each case.
Frequently asked questions
- Does an international trademark protect my brand in Costa Rica?
- No. Costa Rica is not a member of the Madrid Protocol, so an international registration filed through WIPO does not extend here. You must file a national trademark registration directly before the Registry of Industrial Property.
- Is Costa Rica a first-to-file country for trademarks?
- Mostly, with an exception. Under Article 4 of Law 7978, if a mark is not in use the registration goes to whoever files first. But a party who has used the mark in good faith for more than three months has a preferential right to register it.
- Can a foreign company register a trademark in Costa Rica on its own?
- Not directly. Article 442 requires an applicant without domicile or a real establishment in the country to appoint a local representative to file and manage the application.
- How long does a trademark registration last in Costa Rica?
- Ten years from the date of grant, renewable indefinitely for successive ten-year periods under Article 20.
- Can I lose a registered trademark if I don’t use it?
- Yes. Under Article 39, a mark not used in Costa Rica for five years can be cancelled at the request of any interested party. Defensive registration without market entry carries this risk.
- What is the difference between a trademark and a commercial name?
- A trademark protects the goods or services you offer; a commercial name protects the business identity itself. A trademark right generally depends on registration, while a commercial name is acquired by first use under Article 64.
Protecting a brand in Costa Rica?
AG Legal’s Intellectual Property team files, renews, and enforces trademarks nationally for companies and for international firms that need Costa Rican counsel. We handle the clearance search, the filing, and the strategy — so your rights actually exist where you do business.
TALK TO AG LEGALRelated guides
- Trademark Enforcement in Costa Rica: Defending Against Counterfeits
- Company Name in Costa Rica: Key Changes Under the Reform
- Intellectual Property & Branding Protection Services
This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney–client relationship. Trademark outcomes depend on the specific facts of each case. Source: Law No. 7978, Law on Trademarks and Other Distinctive Signs. Consult a qualified attorney before making decisions based on this content.