Cancellation of non-used trademarks becomes effective in Costa Rica

As of February 1, 2005, any interested third party may request the cancellation of a trademark to Costa Rica?s Trademark Register if the trademark has not been used in the country for five years. For trademarks registered in Costa Rica before February 1, 2000 cancellations may be requested starting February 2005. For trademarks registered after February 1, 2000, cancellations may be requested once a five-year no ?use period has elapsed. No-use cancellations were established in Law No. 7978, the ?Law of Trademarks and Other Distintictive Signs?, which was enacted on February 1, 2000?; this provision, however, became applicable five years after enactment.

Any third party may request the cancellation for lack of use, if five years have passed from registration and the trademark has not been used in any of the forms established in article 40 of the aforementioned law.

Likewise, cancellations may be used as defenses in case of objections, or opposition by other parties, before Costa Rica?s Industrial Property Registry. Cancellations may also be a defense against annulments and many other processes or actions for trademark infringement. The decision to cancel is a prerogative of the Industrial Property Registry.