Nicaragua Trademark Registration

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1. Is registration of a trademark mandatory?

   Registration is not essentially mandatory, but gives exclusive rights that can be brought to the defense of the registered sign. Otherwise the sign is exposed to be adquired by someone else, leaving the investment and acquired value of the mark without any protection.

2. Which Intellectual Property rights are registrable?

   Any symbol that is capable of distinguishing products and services, which can be graphically reproduced and is capable of distinguishing the goods or services of one person from another. This includes, among others, words, names, logos or labels and some three-dimensional forms.

3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

   No. Retail and like services are not registrable as a trademark. But they can be registered as trade names. The process is very similar to the one followed to register a trademark, the main difference is that trade names do not need to be renewed and they will last as long as the trade they identify exists.

4. Is there any advantage in using a trademark before filing an application?

   There is only one advantage provided by the use of a trademark. This advantage is that when a mark that is descriptive or lacks distinctiveness, which would normally make it unregistrable, as a consecuence of its use overcomes this obtacles and it can be registered as a trademark in the name of the owner who has used. The use must be proven by any means available to the law, such as documentary evidence, witnesses, documents private and public. etc.

5. How long does the registration process take?

   In the absence of objections and oppositions, the registration process takes approximately 9 to 10 months.

6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

   It is not necessary to prove use to maintain a registration or to obtain renewal. However, if a trademark is not used for three consecutive years then the registration becomes vulnerable to cancellation by a third party. Use in Nicaragua must be proved.

7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

   It is possible to use them separately only if you have registered them separately.

8. How can I know which is the due date for the renewal of a registered trademark?

   The term/renewal date of a registration is 10 years from the registration date, renewable for other identical term and indefinite.

9. When should I pay the renewal fee of my registered trademark?

   The renewal may be filed within one year preceding the expiration date. The deadline for renewing a trademark ends at its last validity date. That is, when they ten years have passed since its registration date.

10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew for six months after the renewal date with payment of a fine

11. What documents are required for filing a trademark or renewal application?

    A power of attorney (authorization form) executed by the proprietor then notarized and legalized in the Consulate. And if the agent has not made the original registration, it is necessary to indicate the registration details of the mark or at least its name and class to locate their registration.

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