A leading provider of Intellectual Property and Legal services

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Our legal tradition goes back to more than half a century.

Founded in 1950 by Julián Bendaña Silva, Bendaña & Bendaña has been a leading firm for over 65 years and one of the most recognized names in patent, trademark and health registrations, in great part due to the firm’s focus on quality service and competitive pricing.

Our team is devoted to providing an effective and quality service to our clients, by protecting and defending their interests with fidelity and professional ethics.   Our clients range from large international corporations from very diverse industries to small and medium size domestic businesses.

Our services


Intellectual Property

Trademarks, Patents, copyrights, Trade Secrets, Internet Law.

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Regulatory Affairs

Pharmaceutical, food, cosmetic, chemical and veterinary products.

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Real Estate Law

Sales Contracts, Mortgages, Search and Examination of property records.

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Business Law

Mercantile Law, Tax Strategies, and Foreign Investment planning and advise.

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Intellectual Property

The IP Department is comprised of knowledgeable attorneys in all aspects of Intellectual Property Law, including registration of IP rights, litigation and enforcement.

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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.

Requirements

Registrations
  • Power of Attorney, legalized up to the Nicaraguan Consul or by Apostille.
  • Specification of goods or services and International Class (9th Ed.).
Renewal
  • Power of Attorney, legalized up to the Nicaraguan Consul or by Apostille.
  • 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 or by Apostille, unless it has been included in the Assignment Document.
  • Executed Assignment Document legalized up to Nicaraguan Consul or by Apostille.
Change of Name
  • Power of Attorney, legalized up to the Nicaraguan Consul or by Apostille.
  • Change of Name document legalized up to Nicaraguan Consul or by Apostille.
Merger
  • Power of Attorney granted by the applicant, legalized up to the Nicaraguan Consul or by Apostille.
  • Merger document legalized up to Nicaraguan Consul or by Apostille.
License of Use
  • Recordal of Licenses is optional.
  • Power of Attorney, legalized up to the Nicaraguan Consul or by Apostille.
  • License of Use Agreement legalized up to Nicaraguan Consul or by Apostille.

Highlights regarding patents of invention

  • Patents are granted for products, processes or use.
  • The patent term is 20 years from the application date in Nicaragua for Convention Patents or the PCT application date for international patents.
  • Annuities are due within three years of the application date in Nicaragua for Convention Patents or the PCT application date for international patents.
  • International exhaustion applies.
  • International classification (Strasbourg Agreement).

Non-patentable Subject Matter

  • Discoveries, scientific theories and mathematical methods.
  • Matters and energies as found in nature
  • Biological processes as found in nature, except for microbiological processes
  • Aesthetic creations, literary and artistic works
  • Schemes, rules and methods for performing mental acts, playing games or doing business
  • Programs for computers as such
  • Animal races
  • Therapeutic, surgical and diagnostic methods applicable to persons or animals

Language

All documents must be judicially translated into the Spanish Language, including any Notarial, Consular or Apostille legalization in a language other than Spanish.

Power of Attorney

We provide a general form useful for trademark and patent applications. The Power must be authorized according to the Laws of the applicant's country. Consular or Apostille legalization is required.

For Trademark applications, priority may be claimed along with the application for registration or within two months of filing. For each priority claimed a Priority Document must be filed before the Trademark Office (translated into Spanish before a Nicaraguan Notary Public). The Document must be filed within 3 months of the application date.

For patent applications priority may be claimed along with the application or within four months of the due date of the claimed priority. The priority document (translated into Spanish before a Nicaraguan Notary Public) must be filed within four months of the due date of the claimed priority.

 

Regulatory Affairs

  • Marketing authorization of pharmaceutical, veterinary and chemical products
  • General regulatory issues
  • Product registrations
  • Compulsory/voluntary licensing
  • Pricing regulations
  • Distribution agreements

Bendaña & Bendaña's clients include a number of multinational and local pharmaceutical companies.

Our team includes lawyers and qualified pharmaceutical and veterinary doctors.

 

Real Estate Law

  • Search and Examination of Property Records
  • Appraisals, Surveys and Inspections
  • Drafting of Mortgages, Deeds, Purchase/Sale Contracts and Promissory Contracts
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Investing in Nicaragua can be a highly lucrative endeavor if the buyer takes the necessary steps to buy a property free of clouds on the title. Because of the widespread confiscations that took place in Nicaragua during the 80’s, some properties may have dubious chains of title. Although title insurance is not available in Nicaragua, it is still possible to purchase real estate securely and with complete confidence. The best way to guarantee that the property purchased has a trouble free title is to work with a knowledgeable and experienced attorney.

Bendaña & Bendaña provides comprehensive legal advice and services to both foreigners and locals in the purchase of real estate in Nicaragua. If buying property in Nicaragua, and you have any doubts as to the validity of the title to property, the size of the lot, problems with the survey or appraisal, please feel free to contact us.

Title insurance indemnifies the lender and buyer against any loss that may result from defects in the title to the property or claims against the property, if any of these were not uncovered in the title search and examination. The title policy is issued after the title to the property has been searched and examined.

 

Business & Commercial Law

Bendaña & Bendaña’s Commercial and Corporate Law Department offers the following services:

Commercial

  • Business contracts
  • Contract writing and analysis, including international sales contracts, joint-ventures, franchising, turn-key contracts, and technology transfer
  • Breach of contracts
  • Advice on all matters of domestic and international trade

Corporations

  • Establishment of corporations in accordance with Nicaraguan Law
  • Establishment of branches of foreign companies in Nicaragua
  • Mergers and acquisitions

Tax and Financial

  • Advice of Foreign Investment
  • Tax Law
  • Tax planning

 

Professionals

Julián Bendaña-Silva

J.D.,* Universidad Nacional de Nicaragua; Ex-Commissioner of Patents.

Areas of practice:  Intellectual Property Law.

Dr. Ricardo Bendaña

B.S. Engineering, Florida International University; M.S. in Finance, Florida International University; Attorney at Law, Universidad Americana, Managua; Graduate Studies in Banking Law, Universidad Centroamericana, Managua; Master in Intellectual Property Law, University of Alicante, Spain.

Areas of practice:  Intellectual Property Law, Corporate and Commercial Law, Litigation.

Dr. María-José Bendaña

B.B.A., Universidad Centroamericana; Attorney at Law, Universidad de Nicaragua; Post-baccalaureate in the Legal Aspects of International Business, Georgetown University / INCAE.

Areas of practice:  Intellectual Property Law, Corporate and Commercial Law, Regulatory Affairs, Litigation.

Dr. Julián Bendaña-Guerrero

Ph.D. Engineering, Texas A & M University.

Areas of practice:  Patent Law.

Fernando Santamaría

Attorney at Law, Universidad Centroamericana.

Areas of practice:  Intellectual Property Law, Litigation.

Rosa Aguilar

Attorney at Law, Universidad de Nicaragua.

Areas of practice:  Intellectual Property Law.

María José Jirón Bendaña

Attorney at Law, Universidad Americana.

Areas of practice:  Real State Law, Intellectual Property Law.

Margie Isabel González

Attorney at Law, Universidad Americana.

Areas of practice:  Intellectual Property Law.

Eduardo Rodríguez

Attorney at Law, Universidad de Nicaragua.

Areas of practice:  Corporate and Commercial Law, Intellectual Property Law.

Isaac Vado

Attorney at Law, Universidad Politécnica.

Areas of practice:  Intellectual Property Law.

Mariana Salazar

Attorney at Law, Universidad de Managua.

Areas of practice:  Intellectual Property Law.

Gabriela Zelaya

Pharmaceutical Chemist, Universidad Jean Jacques Rousseau.

Areas of practice:  Regulatory Affairs.

Helen Cruz

Accountant, CP, Universidad de las Américas

Areas of practice:  Accounting.

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

This Website and its contents are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.