Trademarks

The Nicaraguan Trademark Law was published on April 16, 2001.

The object of the Law are Trademarks, Service Marks, Collective Marks, Certification Marks, Publicity Slogans, Trade Names, Business Signs, and Appellations of Origin.

A mark is construed as any sign capable of distinguishing goods or services. In particular, marks may be constituted of the following: words, drawings, combinations of words and drawings, labels, combinations of colors, sounds, trade dress (including the trade dress of a business), and other perceptible signs.

Registration 

• Power of Attorney, legalized up to the Nicaraguan Consul. We provide a general form useful for trademark and patent applications. 
• Specification of goods or services and International Class (9th Ed.). 

Renewal 

• Power of Attorney, legalized up to the Nicaraguan Consul.
• The application for renewal may be filed within one year of the due date. There is a six-month grace period for filing renewal applications after the due date. 

Assignment 

• Power of Attorney, legalized up to the Nicaraguan Consul, unless it has been included in the Assignment Document. 
• Executed Assignment Document legalized up to Nicaraguan Consul. 

Change of Name 

• Power of Attorney, legalized up to the Nicaraguan Consul. 
• Change of Name document legalized up to Nicaraguan Consul. 

Merger 

• Power of Attorney granted by the applicant, legalized up to the Nicaraguan Consul. 
• Merger document legalized up to Nicaraguan Consul. 

License of Use 

• Recordal of Licenses is optional.
• Power of Attorney, legalized up to the Nicaraguan Consul.
• License of Use Agreement legalized up to Nicaraguan Consul.

Nicaragua's Trademark Law at a Glance  Types of marks   Trademarks, service marks, collective marks, certification marks, trade names, slogans, business signs. Language   Spanish. Can design marks be registered? Yes Design marks, including trade dress may be registered. Is use required? Yes Marks must be used within 3 years of registration. Classification International (9th Ed.) Priority? Yes   Multiclass applications? Yes   Formal examination? Yes   Substantive examination? Yes   Are applications published for opposition? Yes The publication of one advertisement in the Official Gazette is required. Is there an opposition procedure? Yes Oppositions can be filed within two months of the publication in the Official Gazette. Duration of a registration   10 years. Renewals? Yes Marks can be renewed indefinitely for 10 year periods When can renewal applications be filed? Within one year of the due date. Is there a grace period for filing renewal applications? Yes The grace period is of 6 months. Is it compulsory to record assignments and license agreements? No   Are actions for infringement available? Yes   Are well known marks protected Yes   Exhaustion of rights   International.