Why and how to register a trademark in Nicaragua

In order to protect a trademark and obtain recognized ownership of it in Nicaragua, it should be registered. Use of a trademark does not grant rights in Nicaragua.

In order to register a trademark in Nicaragua, the application must be filed through the Intellectual Property Registry of Nicaragua (MIFIC).

It is not necessary for a trademark to be in use in Nicaragua in order to be able to register it.

If you register a combined trademark (which includes both word elements and figurative elements) in Nicaragua, the exclusive right to use the trademark is limited to a use of the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

Opposition actions against the registration of a trademark in Nicaragua must be presented within two (2) months from the date on which details of the trademark application are published in the Official Gazette.

As previously stated, use of a trademark is not required in order to register it. However, once registered, if a trademark goes unused by its owner for a longer period than three (3) years, third parties may present cancellation actions based on lack of use. Use of the trademark must be on a commercial scale in order to satisfy use requirements in case of a cancellation action.

A registered trademark in Nicaragua will remain valid for a period of ten (10) years from its date of registration. Trademarks may be renewed for additional ten (10) year period. There are no limits to how many times a registered trademark in Nicaragua may be renewed. One may renew a trademark in Nicaragua up to one year before its expiration date. Once a trademark expires, it may still be renewed up to six (6) months after its expiration date upon payment of extra fees (surcharge for late renewal).

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Nicaragua (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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