- North & South America
2. The current trademark regulations in Nicaragua are mainly based on the Trademark and Other Distinctive Marks Law promulgated on April 16, 2001
3. The Intellectual Property Registration Department of the Nicaraguan Ministry of Industry and Commerce is responsible for managing trademark affairs, and the official language is Spanish.
4. The trademark registration in Nicaragua follows the principle of "application first".
5. At present, trademark applications in Nicaragua adopt the Nice Classification 10th edition for the description of goods and services, accepting applications for multiple categories in one form. The elements that can be registered as trademarks in Nicaragua include text, name, graphics, color combinations, sound, smell, etc.
6. In Nicaragua, goods trademarks, service trademarks, and collective trademarks can apply for registration; For collective trademarks, a trademark usage regulation certified by an authorized representative is required when applying. This regulation takes effect after being approved by the registered personnel, and it must specify the characteristics and quality of goods and services, as well as the conditions that users should meet;
Nicaragua is a party to international intellectual property treaties such as the Paris Convention, the WIPO Convention, and the Trademark Law Treaty; Since it is neither a member state of the Madrid Protocol nor a member state of the Madrid Agreement, trademark registration can only be processed through "single country registration".
The Nicaraguan trademark is valid for 10 years after registration, starting from the date of registration; Renewal must be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
1. Trademark design;
2. Specific categories and product/service offerings;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized and authenticated;
5. If priority is declared, proof of priority must be provided and notarized.
The main process for applying for registration of a trademark in Nicaragua is: application, acceptance, examination, announcement, approval, and issuance of a certificate.
The application will be accepted within 2-3 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The objection period is 2 months from the date of announcement, and any interested party or prior rights holder may raise objections.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued.
In a smooth situation, trademark registration in Nicaragua currently takes 2 years;
