ALLIED:
How long does it take to get the registration of a trademark approved?
The average time it takes to get the registration of a trademark approved is 6 months, if no objections or opossitions are filed.
What are the phases after a trademark application has been filed in Nicaragua?
The application phases are three: Examination, publication and registration. All applications are reviewed according to certain requirements and criteria. It will be verified that the trademark is not identical or similar to trademarks already registered. The brand and its detailed data will go through a publishing process to allow third parties to object. If the opposition is overcome by the trademark holder, registration is granted.
If I register my trademark in Nicaragua, will it be protected in other countries?
No. Trademark protection is limited only to this country and does not extend to other countries.
Do I need to sign a power of representative?
Yes. Applicants must present a Special Power of Representation.
Is there any benefit if I use my brand prior filing an application?
There are no benefits for using the trademark prior to application.
Will I have any inconvenience if I don’t use my trademark after registering it?
Yes. Third parties can initiate a lawsuit for the cancellation of a registered trademark on the basis of its lack of use.
What types of trademarks can be registered in Nicaragua?
Trademarks that can be registered in this country include:
Names
Words
• Slogans
• Designs
• Colors
• Devices
• Three-dimensional shapes
• Sounds
• Olfactory marks
• Holograms
• Collective marks
• Service marks
• Trademarks
• Recognized marks
• Certification marks
What kind of trademarks cannot be registered?
Non-registrable trademarks include:
Generic or common words.
Marks considered immoral or contrary to public safety and order.
Trademarks without distinctive qualities.
Geographical place names.
Name, flag or coat of arms/symbol of a region, nation, state or international organization.
Does Nicaragua use the Nice Classification system?
Yes, it does. The Nice classification system is used in Nicaragua.
Does the Community Trademark apply to Nicaragua?
No. The European Union Trademark (current name of the Community Trademark) is not in force in Nicaragua.
Is there any possibility to claim the right of priority in Nicaragua?
Yes. Applicants can apply for priority if:
The Paris Convention applies in their country.
The local application is at least 6 months prior to the date of application in Nicaragua.
The applicant’s country of origin is a member of the World Trade Organization.
What do I need to do to meet the usage requirement?
Registered trademarks must be used within 3 years of their registration date. They must be used for commercial purposes and in Nicaragua jurisdiction.
Once I have registered my trademark, for how many years will it be valid?
The initial duration of a registration is 10 years from the date of registration.
What will be the renewal date of my trademark?
The first renewal date of your trademark will be 10 years after the registration approval date.
Is it legal to use my trademark even if it is not yet registered?
Yes. An unregistered trademark can be legally used for commercial purposes. But it has a high risk of being legally acquired by a third party.
What are the reasons to oppose a trademark application?
The following may be reasons of opposition:
• Exclusive rights.
• Descriptive, confusing, misleading or denigrating marks.
• Indistinction.
• Notable or recognized brand.
• the mark uses a geographical indication or name.
• Marks that contradict morality and public order.
• Rights associated with registered designs.
• Rights associated with a name of your own.
• Generic trademark.
Who can challenge the registration of my trademark?
Any interested party may challenge a trademark registration.