Nicaragua
Fees for registering Nicaragua trademarks
First class：
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Additional class：
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Renewal:Notarization & Legalization:
Service Process
Trademark registration time
The current trademark regulations in Nicaragua are mainly based on the "Trademark and Other Distinctive Marks Law" promulgated on April 16, 2001, and revised in 2006. The Intellectual Property Registration Department of the Nicaraguan Ministry of Industry and Commerce is responsible for managing trademark affairs, and the official language is Spanish. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law.
The trademark registration in Nicaragua follows the principle of "application first". Nicaragua is a party to international intellectual property treaties such as the Paris Convention, the WIPO Convention, and the Trademark Law Treaty. It is neither a member of the Madrid Protocol nor the Madrid Agreement, so trademark registration can only be processed through the "single country registration" method.
Trademark Registration Process
At present, trademark applications in Nicaragua adopt the Nice Classification 11th edition for the description of goods and services, accepting applications for multiple categories in one form. The elements that can be registered as trademarks in Nicaragua include: text, name, graphics, color combinations, sound, smell, etc.
If the applicant does not reside in Nicaragua, they can entrust a specialized agent in their home country to handle the application, or directly submit the application to the Nicaraguan Intellectual Property Registration Department. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized and authenticated;
5.If priority is declared, proof of priority must be provided and notarized.
The main process for applying for registration of a trademark in Nicaragua is: application acceptance announcement examination approval issuance. After the application is submitted, the examiner will first conduct a formal review, mainly examining whether the application materials and classification information comply with the regulations. Generally, it takes 2-3 weeks to complete the acceptance. After acceptance, an announcement will be arranged, and the 30 working days from the announcement date is the objection period (which can be extended once and only for 15 working days). Any interested party or prior right holder can raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there is no objection or the objection is not established during the announcement period, the Intellectual Property Registration Department will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, the trademark will be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If everything goes smoothly, trademark registration in Nicaragua will take about 2 years; If there are any objections or rejections during the process, the time will be extended to 3-4 years.
Trademark registration materials
The Nicaraguan trademark is valid for 10 years after registration, starting from the date of registration; Renewal must be processed within 12 months before the expiration date, with a grace period of 6 months. The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations; When applying for a trademark, it is known or should have been known that someone else has prior rights.
2.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
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