In Nicaragua the legal basis is the Trademark Law (Law 380), in force since July, 2001, its regulation and Law 580, Amendments to Trademark Law (380). Trademark protection is obtained by registration. Trademark protection is obtained by first use in Nicaragua, registration before Trademark Office is only declarative.
Trademark registration classification:
Nice Classification
Requirements:
- Details of the trademark owner (name, address, registration number).
- Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
- The details of goods and/or services for witch the trademark will be registered or the classes in case they are known.
- In case that priority is claimed, the certified copy of the priority document will be filed simultaneously with the application.
- A power of attorney apostilled (according to Hague Convention) is necessary for foreign applicants. If foreign applicant is from a country which is not part of the Hague Convention, the power of attorney must be legalized by a Consulate of Nicaragua.
Procedure:
- The application is filed at the Patent Office.
- The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
- Before registration, the trademark application is published in the gazette.
- The substantive examination – earlier described – takes place after the trademarkʼs publication.
- The opposition period is 2 months from publication of the trademark application.
- The processing time from first filing to registration or first office action is approx. 10 months.
Duration and Renewal:Protection begins with the date of application, but the trademark is only valid after successful registration. A trademark registration is valid for 10 years from date of application and ends on the last day of the month during which the application has been filed. The registration is renewable for periods of 10 years.
Fee Structure
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