Nicaragua’s Trademark Protection System
The Nicaraguan Trademark and Other Distinctive Marks Law (translated as WIPO) provides protection for trademarks, trade names, emblems, commercial advertisements, geographical indications, and names of origin. Registering these distinctive marks grants their owners the exclusive right to prohibit or license third-party use of the relevant marks.
The protection of distinguishing marks is territorial, meaning it is only effective in Nicaragua. As for trademarks, the protection period is 10 years and can be renewed indefinitely.
The protection of trademarks, trade names, geographical indications, and names of origin can be indefinite, while the protection of commercial advertisements is associated with the presence of their related brands in commerce.
MIFIC General Administration of Intellectual Property Registration, Ministry of Development, Industry and Trade of Nicaragua
The Direcci ó n General de Registro de la Propiedad Intellectual (DGRPI) under the Ministry of Development, Industry and Trade of Nicaragua (Ministerio de Fomento, Industry y Comercio, MIFIC) is a technically substantive institution, which has four Intellectual Property Registration Offices (RPIs), namely:
Trademark and Other Marks Office – responsible for handling trademark registration applications, safeguarding information related to the registration process of trademarks and other distinguishing marks, promoting and encouraging the use, protection, respect, and utilization of trademarks and other distinguishing marks;
Patent and New Technology Bureau;
Copyright and Related Rights Bureau; as well as
Plant Variety Breeding Bureau.
website：www.mific.gob.ni
Telephone：+505 2248 9300－2284（Trademark and Other Marks Office）
Fax：+505 267 5393
address：Km. 6 Carretera a Masaya, Frente a camino de oriente, Costado Este del Hotel Intercontinental Metrocentro, Managua
Email：jherrera@mific.gob.ni（Trademark and Other Marks Office）
Introduction to Trademark Registration in Nicaragua
3.1 definition
The Nicaraguan Trademark and Other Distinctive Marks Act provides protection for various types of distinctive marks (Signo distintivo). Article 2 of the law stipulates that distinguishing marks refer to marks that constitute trademarks, trade names, signs, emblems, or names of origin, among which:
Trademark (Marca) refers to any mark that can distinguish goods or services.
A collective trademark (Marca colectiva) refers to a symbol in which the owner is a collective entity that brings together individuals authorized to use the trademark.
Marca de certification ó n refers to a mark that applies to goods or services whose characteristics or quality have been certified by the trademark owner.
Nombre Comercial refers to a written symbol that identifies a company or organization.
Emblema is a symbolic or mixed symbol that identifies the image of a company or institution.
The performance or logo of commercial advertising (Expresi ó n o se ñ al de publicidad comercial) refers to any inscription (leyenda), slogan (anuncio), slogan (lema), idiom (frase), word combination (combinaci ó n de palabras), design (dise ñ o), carving (grabado) or any other similar means, as long as it is original and unique, used to attract consumers or users’ attention to specific products, services, enterprises, institutions or business premises.
Signboard (R ó tulo) refers to a clear sign that identifies a specific business location.
Geographical Indication (GI) refers to a mark that identifies the origin of goods from a country, region, or area, or a specific location. Its quality, reputation, or other characteristics – including human and natural factors – are primarily attributed to its geographical origin. Any symbol or combination of symbols, regardless of their form, should be able to constitute a geographical indication.
Denominaci ó n de origin refers to a geographical indication that identifies a product originating from a country, region, area, or location, and its quality, reputation, or other characteristics – including human and natural factors – can be largely attributed to its geographical origin.
3.2 Symbols that can constitute trademarks
According to Article 3 of the Trademark and Other Distinctive Marks Act, a trademark may include words or phrases, slogans and advertising idioms, letters, numbers, monograms, figures, portraits, tags, shields, stamps, illustrations, orlas, lines, stripes, and their combinations, as well as color arrangements, sounds, and other perceptible marks such as odors. They may also include the shape, appearance, or arrangement of the product, its container or packaging, or the sales method or location of the corresponding goods or services.
A trademark should be able to constitute a geographical indication of a country or a foreign country, as long as it can distinguish the goods or services applicable to it, and its use does not cause confusion about the origin, source, quality or characteristics of the goods or services applicable to the trademark, nor does it cause confusion with geographical indications protected in these goods or services, or unfairly exploit the reputation of the geographical indication.
3.3 Cannot be used as a trademark registration symbol
Article 7 of the Trademark and Other Distinctive Marks Law stipulates that if a mark falls under any of the following circumstances, it shall not be registered as a trademark:
(1) Lack of sufficient uniqueness in terms of the goods or services it applies to;
(2) Violating laws, public policies, or ethics;
(3) Composed of the common or ordinary forms of the goods or product packaging to which it is applied, or forms that are inevitably present or enforced due to the nature of the relevant goods or services;
(4) Composed of shapes or logos that provide functional or technological advantages for the goods or services they are applied to;
(5) Consists entirely of a commonly used symbol or indication, which is used in ordinary language or technical language to specify the applicable goods or services;
(6) Composed of symbols that specify, describe, or limit the characteristics, quality, or other data corresponding to the goods or services they seek to identify;
(7) Colors used separately;
(8) Offending or mocking people, ideas, religions, symbols of any country or international entity;
(9) Signs that may cause confusion or deception in terms of geographical origin, nature, manufacturing methods, quality, suitability for use or consumption, quantity or any other characteristics of the applicable goods or services;
(10) Composed of geographical indications that do not comply with the provisions of Article 3, paragraph 2 of the Trademark and Other Distinctive Marks Law;
(11) Without authorization from the relevant country or international organization, it constitutes the reproduction or imitation of all or part of the emblem, flag, other emblem, abbreviation, name or abbreviation of any country or international organization;
(12) Without authorization from the competent authority, copying or imitating in whole or in part the official logos of national, state/provincial, and municipal public entities at home and abroad, or logos indicating supervision and guarantee;
(13) Composed of the names of plant varieties protected domestically or internationally, and the symbol is used for goods or services related to the variety, or the use of the symbol may cause confusion or association with it;
(14) Copy coins or banknotes, securities or other commercial documents, sella, estampilla, timbre or general financial instruments that are legal tender within the territory of any country;
(15) Include or copy medals, prizes, diplomas, or other elements implying awards related to goods or services, unless these prizes have actually been awarded to the registration applicant or their responsible person and have been proven at the time of registration application.
Despite the provisions of items (5) and (6), if the person applying for registration or their representative has been using a certain mark in Nicaragua and as a result of such use, the mark has acquired sufficient uniqueness in the applicable goods or services, then the mark may be registered as a trademark.
If a trademark consists of a set of elements, the scope of protection does not extend to the generic or descriptive elements contained therein, or elements commonly or necessarily used in trade.
3.4 Sign of non acceptance due to third-party rights
According to Article 8 of the Trademark and Other Distinctive Marks Law, if the use of a mark affects the prior rights of a third party, it shall not be registered as a trademark. In any of the following circumstances, the prior rights of a third party shall be deemed to be affected:
(1) The logo is identical to a trademark registered or currently being applied for registration by a third party in Nicaragua for the same goods or services since an earlier date;
(2) The mark is identical or similar to a trademark registered or being applied for registration by a third party in the country for the same or different goods or services since an earlier date, as long as the use of the mark may cause confusion or association with the prior trademark;
(3) This symbol is identical or similar to a third-party trade name, sign, or emblem that has been associated with it since an earlier date, and its use may result in confusion or association with other such symbols;
(4) This logo constitutes a complete or partial reproduction, imitation, translation, transliteration, or transcription of a well-known distinguishing mark belonging to a third party. Regardless of the goods or services to which the logo is applied, its use may cause confusion or association with the well-known distinguishing mark, or risk diluting its unique ability or commercial or advertising value, or involve unfair use of the reputation of the distinguishing mark;
(5) This symbol affects the personality rights of third parties, especially the name, signature, title, nickname (hipocor í stico), pen name/stage name (seud ó nimo), image or portrait of others, unless approved by that person or their heirs;
(6) This symbol affects the name, image, or reputation of the legal entity, local, regional, or national entity, unless explicitly agreed upon by the legal entity or relevant regional regulatory authorities;
(7) The mark contains protected or undetermined names of origin or geographical indications for the same or different products, or may lead to confusion or association with the latter, which means unfairly exploiting the visibility of the name of origin or geographical indication;
(8) This logo violates the copyright or intellectual property rights protected by other regulations owned by third parties;
Nicaragua Trademark Registration Procedure
Nicaragua is a member of the Paris Convention for the Protection of Industrial Property, but has not yet joined the Madrid Agreement on the International Registration of Marks.
Individuals who have filed a trademark registration application with the national, regional, or international bureau, as well as their successors in title, have priority when filing a trademark registration application for the same goods and services in Nicaragua. The priority right shall last for 6 months from the day after submitting the priority application. The same application may claim multiple priority rights or partial priority rights, and may arise from two or more applications submitted to the same or different competent authorities. In this case, the priority period should be calculated from the earliest priority date.
4.1 Procedure for Applying for Registration of Nicaraguan Trademark with DGRPI
The trademark registration application should be submitted to the DGRPI Trademark and Other Marks Office (hereinafter referred to as “RPI”). If the applicant does not have a domicile or institution in Nicaragua, or is a legal person, an agent must be appointed.
- Submit an application
According to Article 9 of the Trademark and Other Distinctive Marks Law, the requirements for the application documents are:
(1) Submit an application form, which should include the following content:
The applicant’s name, place of residence (direcci ó n), place of residence (domicilio), and nationality, and if it is a legal entity, the registered address must also be indicated;;
If an agent has been designated, the name and address of the agent;
The name or design of the trademark applied for registration;
A list of goods or services to be protected by the proposed registered trademark, classified according to the International Classification of Goods and Services, and indicating the number of each category;
Signature of the applicant or their representative; as well as
The address and email for delivering notifications.
(2) Authorization letter or authorization document of the agent; Or, depending on the situation, provide the corresponding registration number indicated on the authorization letter register kept by RPI.
(3) The required documents or authorizations (if applicable) under the circumstances specified in Articles 7 and 8 of the law (see above).
(4) Copy of the citizen’s ID card or residence card of all individuals, agents, or legal representatives (depending on the situation).
(5) If the trademark has special graphics, shapes, or colors, or is a figurative, mixed, or three-dimensional trademark with or without colors, 8 copies must be submitted. If the trademark is a sound trademark, the creator and audio of the trademark must be provided.
(6) Proof of payment of application fee.
RPI should check and verify whether the above documents are included when the application is submitted, otherwise the application will not be accepted. In general, the filing date is the date on which RPI receives the application, except for claims of priority.
Applicants who wish to exercise priority rights shall make a clear declaration together with the application or within 2 months from the date of application. The declaration should specify the following information for each application claiming priority: (1) the receiving office of the priority application; (2) The application date of the application; And, (3) the application number of the application (if already assigned).
In order to determine priority, the applicant shall submit a copy of the priority application authenticated by the above-mentioned receiving office together with the application or within 3 months from the application date, including a copy of the trademark and a list of designated goods and services, as well as a certificate of the priority application date issued by the agency. These documents should be accompanied by translations as appropriate, but may be exempt from notarization.
If the applicant wishes to utilize the rights provided for in Article 6-quinquies of the Paris Convention for the Protection of Industrial Property, they should provide an explanation and submit the registration certificate and corresponding translation of the trademark in the country of origin together with the application or within three months from the date of application. These documents are exempt from any legal processing.
- Modification and division of applications
Applicants can modify or correct their trademark registration application at any time during the processing. If the modification or correction would result in changing the original application’s logo or expanding the original application’s list of goods or services, RPI will not accept it, but the applicant may reduce or limit the original application’s list of goods or services. The prescribed fees shall be paid for the modification or correction of the application.
The applicant may divide their application at any time during the processing, in order to split the goods or services listed in the initial application into two or more applications, but must pay the prescribed fees for each application. If the division would result in an expansion of the list of goods or services in the initial application, the division will not be accepted, but the list of goods or services in the initial application may be reduced or restricted. Each divisional application will retain the filing date and priority (if applicable) of the original application. After division, each divisional application is independent. The announcement of the application before the division is effective for each divisional application.
- Formal review
After receiving the application, RPI will verify whether the requirements stipulated in Article 9 of the Trademark and Other Distinctive Marks Act have been complied with.
If there are errors or omissions in the application form or accompanying documents, RPI will require the applicant to make corrections or improvements within 15 working days after receiving notification.
If the applicant fails to respond within the deadline, the application will be rejected. But the applicant may make one request within the above deadline to extend the deadline for another 15 working days. Extending the deadline requires payment of fees.
- Notice of Publication of Registration Application (Publicaci ó n aviso de la solicitud de registrant)
Once the application complies with Article 9 of the Trademark and Other Distinctive Marks Law, RPI will require the publication of a notice of trademark registration application (aviso), which shall be published once in the official gazette La Gaceta at the expense of the relevant parties. Within 5 working days from the date of delivery of the notice by RPI, the relevant parties shall arrange for the publication of the notice.
The above notice is valid for 15 working days after the RPI is delivered to the applicant, and the content should include:
(1) The applicant’s name and address;
(2) Name of legal representative or agent (if applicable);
(3) Date of submission of application;
(4) The number of the application form;
(5) The name or design of the trademark applied for registration;
(6) A list of goods or services protected by the trademark, as well as one or more categories according to the Nice Classification;
(6) The type of trademark; as well as
(7) The issuance date and validity period of the notice.
If the deadline expires and the applicant is unable to publish the notice, they shall request RPI to replace the corresponding notice within 8 working days from the expiration date and pay the corresponding fees. From the date of delivery of the replacement notice by RPI, the applicant will have another 15 working days to schedule the publication of the notice in the official gazette, otherwise it will be deemed as a waiver of the application.
Once the notice of registration application is published, stakeholders should submit a copy of the page containing the notice published in the official gazette to RPI within 15 working days. Any interested party may make one request before the expiration of the above-mentioned deadline to extend the deadline by 15 working days and pay the corresponding fees. Otherwise, it will be considered as a waiver of the application.
- Objection to registration
After the notice of registration application is published in the official gazette, any natural or legal person may raise an objection to the trademark registration application within 30 working days. Any interested party may make one request before the expiration of the above-mentioned deadline to extend the deadline by 15 working days and pay the corresponding fees.
Objections should be submitted in writing and should include the following content:
(1) The factual and legal basis on which it is based;
(2) Introduce or provide relevant evidence; as well as
(3) Proof of payment of objection fee.
RPI should review and verify compliance with legal requirements when all parties raise objections, otherwise objections will not be accepted.
From the date of raising objections, the opposing party must submit evidence within 15 working days. This deadline can be extended by 15 working days before the deadline expires at the request of the opposing party, but only once and corresponding fees need to be paid.
When the deadline for presenting evidence of objection expires, RPI will notify the trademark registration applicant. The applicant has 30 working days from the date of this notice to respond. The applicant may submit evidence supporting the response opinion, but must also submit it within 15 working days after submitting the response opinion. This deadline can be extended by 15 working days before the deadline expires at the request of the applicant, but only once and corresponding fees need to be paid.
If the applicant for registration fails to respond to the objection within the prescribed time limit, it shall be deemed as a declaration of abandonment of the application.
The applicant or objector may withdraw the application or objection at any stage of the procedure, and such withdrawal shall treat the application or objection as not having been raised and restore the procedure to its pre filing state. However, individuals who have already withdrawn their objections may not raise new objections to the same registration application based on the same reasons, nor may they file a lawsuit for registration invalidity.
- Decision
At the expiration of the objection period, RPI shall review the registration application and verify whether the trademark falls within the prohibited scope of Article 7 or Article 8 of the Trademark and Other Distinctive Marks Law. RPI shall issue a reasonable decision on accepting or opposing the application within a period of no more than 60 working days after review, and shall resolve any objections that may have been raised and lawfully processed.
If the registration application is accepted and involves several categories of goods or services, the applicant shall make up for the fees within 8 working days from the date of notification of their decision by RPI.
If RPI has objections to the registration application, it should notify the applicant and explain the reasons for the objection. The applicant shall provide a response within 30 working days after the notification is issued by RPI, and attach any evidence deemed necessary by themselves. The deadline can be extended by 15 working days, but only once. If the applicant fails to respond to the notice within the prescribed period, or does not meet the requirements for approval of registration in any circumstance, RPI shall refuse registration with a reasonable decision.
If the reasons for opposition to RPI only involve a certain part of the application or are limited to certain goods or services, objections can be raised only for these goods or services, or registration can be granted with clear restrictions on certain goods or services.
The decision may also stipulate other conditions related to the use of the trademark to avoid the possibility of confusion or association, or to avoid causing other damages to prior rights holders.
- Publication of registration certificates and announcements
After stakeholders request and pay the prescribed fees, RPI should issue a certificate stating the ownership and validity of the registered trademark. In addition, RPI should publish a trademark registration notice in the official gazette, with the cost borne by the applicant.
For more information, please refer to Nicaragua’s Trademark and Other Distinctive Marks Act.
Introduction to Trademark Office Fees in Nicaragua
| Pay Service | Amount (in Central American pesos) |
| Basic fee for each trademark registration application | 135.00 |
| Each supplementary category of goods or services | ＋65.00 |
| Basic fees for registration applications of place of origin or geographical indication | 300.00 |
| Basic fees for registering a business name, emblem, or signboard | 135.00 |
| Basic fees for registering commercial advertising signs | 135.00 |
| Each distinguishing marker added among them | +50.00 |
| Renewal fee for trademarks or other distinguishing marks | 135.00 / Category (if applicable) |
| Pay the additional fee for renewal within the grace period (6 months) | 65.00 / category |
| Division of Trademark Registration Application | 50.00 / term |
| Certificate basic fee (including 1 primary registration) | 25.00 |
| Each distinguishing marker added among them | +10.00 |
| Publication fee | 25.00 |
| search fee | |
| Retrieve registration records of distinguishing text or graphic markers | 25.00 / category |
| Retrieve registration records by everyone | 50.00 |
| Retrieve registration records through sound, odor, or other perceptible signs | 60.00 |
| Retrieve registration records of mixed discriminative markers | 40.00 / category |
| Objection to registration application | 50.00 |
| Request to extend the deadline | 20.00 |
| Register or update authorization letter register | 20.00 |
| Each application form | 2.00 |
| A simple copy of the content in each registration form | 1.00 |
The above fees are priced in Central American pesos ($CA) and paid in Nicaraguan domestic currency (Cordoba) using the exchange rate set by the Central Bank of Nicaragua on the transaction date.
If the applicant is a micro enterprise or small producer, according to relevant laws and regulations, if the sales revenue in the year before submitting the application is less than 1 million DOPA, the above-mentioned fees will be reduced by 50%.
For more information, please refer to Article 95 of Nicaragua’s Trademark and Other Distinctive Marks Act.