How to register a trademark in Costa Rica

The process at a glance

Registering a trademark will normally require you to:

1. Decide who will own the mark and what sign to protect.
2. Check that the sign is distinctive and not prohibited.
3. Search for identical and similar earlier marks.
4. Choose the Nice classes and accurately list the goods or services.
5. Prepare the application and pay the applicable stamps.
6. File in person or through WIPO File with a Costa Rican digital signature.
7. Answer any Registry office action on time.
8. Publish the notice three consecutive times.
9. Wait through the two-month opposition period.
10. If no obstacle remains, receive registration, use the mark and renew it every ten years.

Registering a corporation, purchasing a domain or creating a social-media handle does not register a trademark. Those are separate processes.

1. Understand what a trademark protects

A trademark identifies and distinguishes goods or services in the marketplace. It can consist of words, designs, letters, numbers, shapes or other elements capable of distinguishing one business source from another.

Do not confuse these assets:

Asset	Function	Does it replace a trademark?
Trademark	Distinguishes specified goods or services.	This is the right covered by this guide.
Trade name	Identifies a business or establishment in its activity.	No; it has a separate procedure.
Corporate name	Identifies a registered legal entity.	No; it does not automatically create trademark exclusivity.
Domain or social handle	Identifies an online channel.	No; it does not create trademark registration.

Protection is territorial. A Costa Rican registration has effect in Costa Rica. If the business will operate abroad, assess each target market before investing heavily in packaging and advertising.

2. Choose the owner before filing

The owner may be an individual or a legal entity. An operating establishment is not required to apply, and an individual may file without first incorporating a company.

Choose deliberately: the named applicant acquires the right if registration is granted. A later ownership change requires a separate recordal and additional fees.

Prepare at least:

• Full name or legal entity name and identification number.
• Domicile and address for notices.
• Country of organization and domicile for a legal entity.
• Representative details, where applicable.
• An email account that will be monitored closely.

Under the Trademark Law, an applicant without a domicile or real and effective commercial establishment in Costa Rica must appoint an agent domiciled in Costa Rica. Validate the power and representation before paying if that rule applies.

3. Decide what version of the sign to protect

Determine whether the application will cover mainly:

• A word mark: words or letters without reliance on one particular design.
• A figurative mark: a graphic element without wording, where applicable.
• A combined mark: wording and design presented together.

The application protects the sign as filed. If both the business name and a distinctive logo are important, consider whether separate applications are appropriate; each will have its own fees and examination.

Prepare a translation for foreign-language wording and a transliteration for non-Latin characters. Any uploaded logo must be clear and match the version you actually intend to use.

4. Check whether the mark can be registered

Law 7978 includes objections based on the sign itself and on third-party rights. Common problems include:

• Generic or customary terms for the relevant goods or services.
• Wording that merely describes quality, quantity, origin, purpose or characteristics.
• Signs that lack distinctive character.
• Misleading wording or imagery.
• Protected official emblems or matter contrary to public order.
• A mark identical or confusingly similar to an earlier mark for related goods or services.
• Another person’s name, image or other protected right without authorization.

A coined word is generally easier to distinguish than wording that directly describes what is sold. Perform this review and the clearance search before printing signs or packaging.

5. Search for earlier marks

Use the National Registry’s WIPO Publish access to search Costa Rican marks and files free of charge. Do more than an exact-text search:

• Try spelling and phonetic variations.
• Search singulars, plurals, abbreviations and similar-sounding words.
• Review your class and related classes.
• Compare meaning, appearance and overall commercial impression.
• Check the owner and current status of each relevant file.

A public search result does not guarantee registration. The Registry’s FAQ also describes an official phonetic-antecedent study available through PADI, currently requiring ₡14,320 in National Registry stamps. Confirm the amount when requesting it.

For possible international expansion, the WIPO Global Brand Database is useful, but it does not replace the Costa Rican search.

6. Select the correct Nice classes

Trademark applications cover specific goods or services grouped under the Nice Classification. Use TMclass to find accepted terms and check the likely class, then tailor the list to what the business genuinely offers or plans to offer.

One business might need to consider, for example:

• Class 30 for certain coffee products.
• Class 43 for café or restaurant services.
• Class 35 for specified retail or business services.

These examples do not classify your exact activity. A phrase such as “everything related to food” is too vague. Identify the goods and services clearly.

Each class carries a separate government fee. After filing, the list can be limited but cannot be materially expanded with new goods or services; a new application will normally be needed for additional coverage. Too many classes increase cost, while omitting a core activity can leave a gap.

7. Prepare the application

The application must clearly identify the applicant, the sign and the requested scope. Check that it includes:

• Complete owner details.
• Address and method for receiving notices.
• Representative details and authority, if applicable.
• A clear reproduction of the mark or correctly spelled word mark.
• Translation or transliteration where required.
• A precise list of goods or services.
• Each Nice class number.
• Priority information and evidence if claiming an earlier foreign filing.
• Applicable stamp receipts and representation documents.

For paper filing, the Registry publishes separate forms in its manuals and forms section: RPI-MC-01 for an individual and RPI-MC-02 for a legal entity. Download the current version when preparing the application.

Verify every character in the owner name and identification number. A small mistake may lead to an office action or place the registration in the wrong person’s name.

8. Calculate the cost

The published government application and registration fee is the Costa Rican-colón equivalent of US$50 in National Registry stamps for each Nice class, plus a ₡20 National Archives stamp.

Item	Published official amount
Trademark application	US$50 equivalent per class
National Archives stamp	₡20
Stamps recommended for the certificate	₡125 fiscal + ₡5 National Archives
Official antecedent study, if requested	₡14,320 in National Registry stamps
Publication of the notice	Variable
Professional fees, if assistance is retained	Variable

The dollar-denominated fee is paid as its colón equivalent through the National Registry payment-assessment options available through Banco de Costa Rica. Verify the exchange rate, payment instrument and applicant identification before completing payment.

Publication is not included in the filing fee. Later changes, oppositions, appeals, assignments and additional classes or versions of the sign are not included either.

9. File the application

Paper filing

The application can be submitted to the National Registry’s Diario Único receiving office in Zapote or an enabled regional office. Official information lists Monday through Friday, 8:00 a.m. to 3:00 p.m.; confirm before traveling. Bring the form, attachments, payment evidence and a copy for your records.

Online filing

The Registry accepts applications through WIPO File. The user needs an active Costa Rican digital signature. Attachments are digitally signed PDFs and the graphic representation is uploaded in a format supported by the platform. The online filing uses the platform fields instead of attaching the paper application form.

Follow the current official WIPO File manual, and retain the receipt, file number and signed documents.

10. Monitor examination and office actions

The Registry reviews formal requirements and then examines substantive objections and conflicts. It may issue an office action requiring a correction, clarification or document.

• Monitor the designated email and the file in WIPO Publish.
• Read the entire decision and answer every point.
• Respond within the exact deadline stated in the notice.
• Retain proof of submission.

There is no single guaranteed total processing time. It depends on examination, corrections, publication and possible opposition. If an objection challenges distinctiveness or cites earlier marks, consider specialized advice before responding.

11. Publish the notice three times

If examination permits the application to proceed, the Registry issues a notice. Official guidance says the applicant must arrange publication three consecutive times in La Gaceta and initiate publication within 15 days after notification.

Publication is processed through the National Printing Office’s channels. The price varies with the notice, so do not budget only for application stamps. Check that the published owner, mark, classes and goods or services match the file.

Do not leave the notice unattended. Failure to move the file forward during the applicable statutory period may result in abandonment and archiving.

12. Wait for and respond to opposition

Third parties have two months from the first publication to oppose. Opposition does not automatically reject the application; it starts a procedure in which arguments and evidence are considered.

If an opposition is filed:

1. Record the notice date and response deadline.
2. Review the registrations and goods or services relied upon.
3. Collect records concerning the adoption and use of your mark.
4. Assess visual, phonetic and conceptual similarity and the relationship between the activities.
5. Consider intellectual-property counsel; an incomplete response can affect the outcome.

Do not settle or surrender rights without understanding the effect on all relevant goods, territories and channels.

13. Receive and maintain registration

If no opposition or other obstacle remains, or they are resolved in the applicant’s favor, the Registry records the mark. The certificate is issued digitally and sent to the designated email once the required stamps have been provided.

Registration lasts 10 years from grant and can be renewed indefinitely for additional ten-year terms. The published renewal fee is also the equivalent of US$50 per class, subject to the rules and any surcharge applicable when renewal is filed.

After registration:

• Use the mark consistently for the registered goods or services.
• Preserve invoices, packaging, advertising, agreements and dated captures proving use in Costa Rica.
• Monitor later applications for confusing marks.
• Record ownership changes, licenses or name changes when appropriate.
• Set renewal reminders well in advance.

An interested party may request cancellation for non-use when the mark has not been used in Costa Rica during the preceding five years, once the statutory period permits the action. Partial cancellation may apply to goods or services that have not been used.

Practical timeline

Stage	What to control
Preparation	Owner, version of the sign, searches and classes.
Filing	File number, correct documents and payments.
Examination	Notices and every office-action deadline.
Publication	Three consecutive notices; arrange them within 15 days.
Opposition	Two months from the first publication.
Grant	Certificate, grant date and exact protected scope.
Maintenance	Evidence of use and renewal every ten years.

Common mistakes

• Filing under an individual when the company was intended to own the mark.
• Treating a corporate name, trade name or domain as a registered trademark.
• Searching only exact matches and missing phonetic or visual variants.
• Guessing the class without precisely listing the goods or services.
• Uploading a low-quality logo or a version that will not be used.
• Omitting a core class or paying for classes with no genuine planned activity.
• Missing an office action because it went to spam.
• Assuming the Registry publishes the notice automatically.
• Assuming a Costa Rican grant protects the mark worldwide.
• Keeping the certificate but no evidence of actual use.

Frequently asked questions

Do I need a lawyer or notary?

A person domiciled in Costa Rica may file directly, and the Registry provides official forms and systems. An applicant without a domicile or effective commercial establishment in Costa Rica, however, needs an agent domiciled in the country. Professional help is also prudent for oppositions, foreign priority claims, multiple owners or a potentially conflicting mark.

Can I register without incorporating a company?

Yes. An individual may apply. Decide whether the right should belong to you personally or to a company before filing.

Can I register an idea or an entire business model?

Not as a trademark. A trademark protects the sign distinguishing goods or services, not an abstract business idea. Other elements may involve copyright, patents, designs, trade secrets or contracts.

Does one application cover every class?

No. You must identify the classes and pay the US$50 equivalent for each. Protection is limited to the accepted sign and listed goods or services.

How long does registration take?

There is no guaranteed fixed duration. The opposition period alone lasts two months from first publication, with examination, notice, publication and final resolution around it. Office actions or opposition extend the process.

Can I use the mark while the application is pending?

A lawful sign may be used, but a pending application is not a registration, and use can carry risk if it conflicts with earlier rights. Do not present the ® symbol as if registration had already been granted.

Official assistance

The National Registry’s Technology and Innovation Support Center (CATI) answers industrial-property questions. Its official page lists [email protected] and institutional hours for in-person and virtual assistance. It can confirm forms, systems and general procedure, but it does not replace a legal opinion on a specific dispute.

Official sources consulted

• National Registry Industrial Property FAQ
• Official Industrial Property fees
• Trademark and Other Distinctive Signs Law 7978
• Intellectual Property Registry examination guide
• Official manuals and forms
• Registry inquiries and CATI

This guide is for information only and is not legal advice for a particular case.