General trademark information of Nicaragua

Registration is required to establish rights in a trademark; this is a "first-to-file" jurisdiction.

However, the status of a well-known or famous mark (e.g., COCA-COLA) may be enough to defend its rights without registration.

• Use of an unregistered mark for any goods or services is legal.

• No legislation regarding plain packaging has been enacted in this jurisdiction, and it is not under active consideration.

However, NTON 03 021-11 and RTCA 67.01.07:10 regulate labeling for certain foods and beverages, and NTON 19 001-05 and RTCA 11.01.02:03 regulate labeling for pharmaceutical products.

B. Time Frame for Obtaining Registration

• The approximate time from application to registration (for a regular prosecution, without opposition) is:

• The benefits of registering a trademark include the following:
  • it is the sole means of obtaining rights in or title to the trademark;
  • it provides prima facie evidence of ownership and validity;
  • it provides regional, national, and/or local protection;
  • it allows use of "Registered Trademark" or other suitable terms or abbreviations to demonstrate ownership of the trademark;
  • it allows the registrant access to bring actions in particular courts;
  • it helps to deter others from unlawfully using the trademark;
  • it provides a defense to infringement;
  • enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark;
  • it confers the ability to recover maximum monetary damages for infringement;
  • it encourages licensees and provides the opportunity to generate royalties through licensing.

• The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:
  • words;
  • names;
  • devices;
  • certain three-dimensional shapes;
  • colors;
  • slogans;
  • sounds;
  • smells (olfactory trademarks);
  • trade dress/get-up;
  • holograms.
  •  According to our law, "marks may consist of, inter alia, words or groups of words, advertising slogans and phrases, letters, numbers, monograms, shapes, portraits, labels, coats of arms, designs, cartoons, borders, lines and stripes, and combinations and arrangements of colors, sounds or other perceptible signs such as smells. They may also consist of the form, presentation or packaging of the goods or their containers or wrapping, or the means or place of retail of the related goods or services. A mark shall be eligible to be a national or foreign geographical indication provided that it identifies the goods or services to which it is applied, and that its use does not potentially result in the risk of confusion as regards the origin, provenance, qualities or characteristics of goods or services to which the mark shall be applied, or the likelihood of confusion with a geographical indication already protected as regards those goods or services, or the unfair use of the prestige of that geographical indication.” (Article 3, Law No. 380)

• The special requirements for the registration of three-dimensional shapes are:

• There are no special requirements for the registration of colors.

• There are no special requirements for the registration of sounds.

• There are no special requirements for the registration of smells.

• There are no special requirements for the registration of trade dress.

• There are no special requirements for the registration of holograms.

• Marks registered in black and white or grayscale are construed broadly to protect the mark both as registered and in other color combinations,

• In addition to regular trademark registrations, the following types of trademarks are registrable:
  • collective marks;
  • certification marks;
  • well-known marks;
  • service marks.

• Retail services are registrable provided that the nature of the retail services is clearly identified.

• The following are not registrable as trademarks:
  • marks contrary to moral standards or public order;
  • generic terms;
  • names, flags, or symbols of states, nations, regions, or international organizations;
  • non-distinctive trademarks, absent a showing of acquired distinctiveness (secondary meaning);
  • marks that function principally as geographic location names (but not geographical indications or appellations of origin)

• Geographical indications (GIs) are protected in this jurisdiction.

• GIs are protected by way of:
  • trademark laws, in the form of collective marks or certification marks.

• The following products or categories are subject to GI protection in this jurisdiction:

• While conducting a private pre-filing search is not mandatory, it is recommended in that it can:
  • save the applicant the time, effort, and cost entailed in developing, adopting, and applying to register a trademark in which someone else has prior rights;
  • disclose additional potentially conflicting trademarks, e.g., prior unregistered rights such as those gained at common law.

• The national office is not accessible online.

• An applicant does not benefit from pre-filing use of a trademark.

• When a mark is not registered, use of that mark may provide the following benefits:
  • Courts may protect unregistered trademarks in some exceptional cases.

• Special protection against infringement may be available for a famous and/or well-known mark that is not registered.

• Courts may protect unregistered marks in "first to file" jurisdictions if they have been used in a way that is considered legally sufficient. Please consult a local trademark attorney.

• none.

• Famous and/or well-known marks are protected via the following mechanism(s):
  • a registry (other than the usual trademark registry)

• a determination by the court resulting from an action for infringement;
• a determination by the court (other than one resulting from an action for infringement)

• This jurisdiction is a member of the following international treaties relating to intellectual property:
  • Paris Convention;
  • Trademark Law Treaty;
  • Nice Agreement;
  • Vienna Agreement;
  • Lisbon Agreement.

• If the applicant is not domiciled in this jurisdiction, a local address for service must be provided.

• Joint applicants are permitted in this jurisdiction.

• Neither actual use nor intent to use is required for application.

• The following information is required to COMPLETE an application:
  • name and address of applicant;
  • state or country of incorporation;
  • description of trademark;
  • specimen of trademark (an actual article (or photograph of such article) showing a mark as used on or in connection with the goods or services claimed in an application or registration);
  • representation of trademark (a depiction of the mark an applicant seeks to register)

• list of goods/services;
• power of attorney;
• official filing fee;
• priority claim, where priority of an earlier application is claimed.

• While ALL of the items noted in the list immediately above are required to COMPLETE an application, ONLY THE FOLLOWING ITEMS from that list are required in order to SECURE A FILING DATE:
  • name and address of applicant;
  • state or country of incorporation;
  • description of trademark;
  • specimen of trademark (an actual article (or photograph of such article) showing a mark as used on or in connection with the goods or services claimed in an application or registration);
  • representation of trademark (a depiction of the mark an applicant seeks to register);
  • list of goods/services;
  • power of attorney;
  • official filing fee;
  • priority claim, where priority of an earlier application is claimed.

• The list of goods and services in this jurisdiction may specify:
  • “all the goods” or “all the services” of the relevant class(es);
  • the relevant class heading

• The following number of copies of the trademark must be submitted:

• In this jurisdiction, the following types of registration are available:
  • national.

• This jurisdiction is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.

• This country is not a member of the European Union; a European Union Trade Mark registration (formerly a Community Trade Mark registration) is not effective in this jurisdiction.

• No (other) multinational regional registrations are available in this jurisdiction.

• Applications cannot be filed online.

• The official file cannot be accessed online;

• Applications are officially searched as to prior trademarks.

• If an applicant's home country is a signatory to the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction, provided that its home application was filed within the fixed period of six months preceding the application in this jurisdiction.
• If an applicant's home country is a member of the World Trade Organization, it should be possible to claim the home filing date. (Consult a local trademark attorney.)

• This jurisdiction uses the Nice Classification System.

• If a trademark covers more than one class of goods and/or services, one application can cover multiple classes of goods or services.

• For a multi-class application, the applicant must pay class fees on a per-class basis.

• An application to register a trademark may be filed directly in this jurisdiction by:
  • the applicant, even if not a citizen of or domiciled in the jurisdiction;
  • a trademark representative/attorney/agent, but only if a citizen of or domiciled in the jurisdiction.

• The filing particulars of an application are made available to the public.

• The filing particulars are made available to the public:
  • through publication.

• The following application details are made available to the public:
  • mark;
  • name of applicant;
  • state or country of incorporation of applicant;
  • application number;
  • application date;
  • goods/services;
  • priority claim information;
  • representation of trademark.

• Applications are examined in respect of:
  • formalities: i.e., for compliance with the filing requirements;
  • classification: i.e., to ensure that the goods or services fall within the class(es) listed in the application;
  • clarity: i.e., that descriptions are clear and understandable;
  • descriptiveness: i.e., to check whether a trademark functions solely to provide information about the goods and services affiliated with the trademark;
  • distinctiveness: i.e., to ensure that trademarks are capable of being represented graphically and of distinguishing the goods or services of one individual or organization from those of other individuals or organizations;
  • deceptiveness: i.e., to check whether a trademark is of such a nature as to deceive the public (for instance, as to the nature, quality, or geographic origin of the goods or services);
  • conflict with prior registration, prior-filed application, or earlier unregistered rights resulting from an official search.

• If the local trademark authority issues a preliminary refusal to register a mark based on an earlier registration owned by another:
  • The existence of a valid coexistence agreement between the applicant and the cited registrant may be accepted as evidence permitting registration of the application; its acceptance is at the discretion of the trademark authority.

• This jurisdiction has disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive).

• The order of the application process is as follows:
  • publication, examination, registration.

• Accelerated examination may not be requested.

• The following rights are established by a pending application:
  • the filing date of the application establishes a home filing date for purposes of priority.

• Opposition is available.

• Opposition is conducted pre-grant.

• The following can be grounds for opposition:
  • proprietary rights, such as an earlier conflicting registration;
  • the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services or other characteristics of goods or services;
  • the mark is not distinctive;
  • the mark is misleading, deceptive, or disparaging;
  • rights under Article 6bis of the Paris Convention (notorious or well-known mark);
  • rights under Article 8 of the Paris Convention (trade names);
  • registered design rights;
  • rights in a personal name;
  • the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;
  • the mark consists of a geographical indication;
  • the mark is against public policy or principles of morality.

• An application is published for opposition purposes after formal examination of the application.

• The opposition period begins on the following date:

• The opposition period ends on the following date:

• Anyone may initiate an opposition.

• Oppositions cannot be filed online.

• Proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance/acceptance.

• An application can be assigned.

• A registration can be assigned.

• An assignment of an application must be for the entire territory covered by the application.

• An assignment of a registration must be for the entire territory covered by the registration.

• An assignment of an application can be for some or all of the goods or services listed in the application.

• An assignment of a registration can be for some or all of the goods or services listed in the registration.

• Goodwill need not be included in an assignment of an application;

• Goodwill need not be included in an assignment of a registration;

• An assignment document for an application requires:
  • name of assignor;
  • address of assignor;
  • name of assignee;
  • address of assignee;
  • details of the trademark being assigned;
  • goods and services being assigned;
  • territory being assigned;
  • effective date of the assignment;
  • signature by assignor;
  • signature by assignee;
  •  the value of the transaction. All foreign documents must be legalized by Notary Public and Apostille.

• An assignment document for a registration requires:
  • name of assignor;
  • address of assignor;
  • name of assignee;
  • address of assignee;
  • details of the trademark being assigned;
  • goods and services being assigned;
  • territory being assigned;
  • effective date of the assignment;
  • signature by assignor;
  • signature by assignee;
  • consideration (either actual or nominal);
  •  the value of the transaction. All foreign documents must be legalized by Notary Public and Apostille.

• Legal verification of a written assignment document of an application is required by:
  • notarization;
  • legalization.

• Legal verification of a written assignment document of a registration is required by:
  • notarization;
  • legalization.

• An assignment of an application must be recorded to be effective.

• An assignment of a registration must be recorded to be effective.

• Use of a mark that is the subject of an application can be licensed.

• Use of a registered mark can be licensed.

• In this jurisdiction, recordation of a registered trademark user is an alternative means of registering the rights of another to use the mark.

• A license of an application can be made for a portion of the territory covered by the application.

• A license of a registration must be for the entire territory covered by the registration.

• A license of an application can be for some or all of the goods or services listed in the application.

• A license of a registration can be for some or all of the goods or services listed in the registration.

• A license of an application can be sole (only one licensee and the owner).
• A license of an application can be non-exclusive (multiple licensees and the owner).

• A license of a registration can be sole (only one licensee and the owner).
• A license of a registration can be non-exclusive (multiple licensees and the owner).

• The following requirements relate to the use by a related company of a mark that is the subject of an application:

• Use by a related company of a registered mark must be licensed.

• A license of an application can be made with a time limitation.

• A license of a registration must be made with a time limitation (i.e., it cannot be perpetual).

• A license document for an application requires:
  • name of licensor;
  • address of licensor;
  • name of licensee;
  • address of licensee;
  • details of the trademark to be licensed;
  • goods and services being licensed;
  • commencement date of the license;
  • term of the license;
  • if the license has no limitation of time, a statement so indicating;
  • territory of the license;
  • quality control provisions;
  • signature by licensor;
  • signature by licensee;
  • express permission to sublicense, if appropriate;
  •  Foreign documents must be translated into Spanish and legalized by Notary Public and Apostille. Official fees must be paid.

• A license document for a registration requires:
  • name of licensor;
  • address of licensor;
  • citizenship of licensor;
  • name of licensee;
  • address of licensee;
  • citizenship of licensee;
  • details of the trademark to be licensed;
  • goods and services being licensed;
  • commencement date of the license;
  • term of the license;
  • territory of the license;
  • simple signature by licensor (see below for execution requirements);
  • simple signature by licensee (see below for execution requirements);
  •  foreign documents must be translated into Spanish and legalized by Notary Public and Apostille. Official fees must be paid.

• Legal verification of a written agreement to license an application is required by:
  • notarization;
  • legalization.

• A license of an application must be recorded to maintain the validity of the application if it is used under license.
• A license of an application must be recorded to legitimately control use by and obtain royalties from the licensee.
• A license of an application need not be recorded, but recordation could help in enforcement, to demonstrate use of the mark.

• A license of a registration must be recorded to maintain the validity of the registration if it is used under license.
• A license of a registration must be recorded to legitimately control use by and obtain royalties from the licensee.
• A license of a registration need not be recorded, but recordation could help in enforcement, to demonstrate use of the mark.

• The license for a renewed registration need not be re-recorded

• Legal verification of a written agreement to license a registration is required by:
  • notarization;
  • legalization.

• The requirements for the recordal of name changes, mergers, and other important corporate updates on trademark records are as follows:
  • power of attorney, legalized by the respective consulate/apostille;
  • deed of assignment, legalized by the respective consulate/apostille;
  • certificate of proof of change of name, legalized by the respective consulate/apostille;
  • certificate of merger, legalized by the respective consulate/apostille;
  •  proof of payment of official fees.

• The requirements regarding the recordal of updated addresses on trademark records are as follows:
• application;
• document of change of address;
• POA;
• official fees paid.

• Recording a lien against trademark records is not possible.

• A fee is required for issuance of the registration.

• The following documentation is required for issuance of the registration:
  •  none, unless there is a license, in which case the license agreement.

• The following rights are established by registration:
  • the exclusive right to use the registered trademark;
  • the right to oppose subsequent conflicting applications;
  • the right to bring a cancellation action against a subsequent conflicting registration;
  • the right to sue for infringement against confusingly similar third-party trademark use;
  • the right to license third parties to use the trademark;
  • the right to apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction;
  • the right to obtain damages for infringement;
  • the right to sue for infringement if a transliterated version of the owner's mark is later used by a third party;
  • the right to oppose and/or cancel subsequent applications for transliterated versions of the registered trademark by third parties.

• The Roman alphabet is used to represent the official language(s) of this jurisdiction.

• A trademark becomes incontestable, that is, the validity of the registration cannot be challenged, after the following time period:
  • counting from the date of registration of the mark:

• The territorial limit of registration is:

• The initial term of a registration is:
  • 10 years.

• The beginning of the term of a registration is calculated from:
  • the registration date.

• Marking is not compulsory for registered trademarks, but is advisable because:

• Any marking should be in the form(s) mentioned below. Please consult a local trademark attorney in case of doubt.
  • TM;
  • ®.

• The use of ® is not legally recognized, but it is recognized in practice.

• The legal consequences of false or misleading marking are:

• Attack on the ground of non-use is available.

• To avoid being attacked on the ground of non-use, a trademark must be used within the following period of time:

• To satisfy the use requirement, the amount of use:
  • must be on a commercial scale

• Use of the trademark must occur in:
  • this jurisdiction.

• The consequences of a trademark's not being used are as follows:

• Periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are not required.

• An action for non-use of a trademark can be brought by:
  • any interested third party,

• Non-use can be excused under the following circumstances:
  • import restrictions;
  • other government policies;
  •  the need to register a trademark that has been objected to, in order to prove the non-use of the registered trademark.

• Resumption of use of a trademark prior to the filing of an action to revoke or cancel that trademark may cure non-use if preparation for the resumption of use began before the registrant was aware that an action had been or was about to be filed.

• Use of a registered trademark in a modified form would not affect the enforceability of a registration and is allowed if the difference is slight and provided that the modification does not materially alter the distinctive character of the trademark. Consult a local trademark attorney.

• Amendment of a registration to conform to a modified form of the trademark is not possible. Depending on the circumstances, a new application to register the modified trademark might be necessary. Consult a local trademark attorney.

• Cancellation is available.

• The following can be grounds for cancellation:
  • proprietary rights, such as an earlier conflicting registration;
  • the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services, or other characteristics of goods or services;
  • the mark is not distinctive;
  • breach of copyright;
  • rights under Article 6bis of the Paris Convention (notorious or well-known mark);
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);
  • rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);
  • rights under Article 8 of the Paris Convention (trade names);
  • registered design rights;
  • rights in a personal name;
  • the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;
  • the mark consists of a geographical indication;
  • the mark is against public policy or principles of morality;
  • the mark has not been authorized by competent authorities pursuant to Article 6ter of the Paris Convention.

1. Nullity: some of the above-mentioned items (mainly those against existing law or convention) and if the applicant did not oppose the application after it was published; and
2. Cancellation: due to generic terms or lack of use.

• There is a deadline for bringing a cancellation action.
  • Nullity is within the five years after registration.
  • Cancellation is after the third year of registration.

• The deadline for bringing a cancellation action is:

• The following parties may bring a cancellation action:
  • any interested party

• the owner of an earlier right;

• Cancellation actions cannot be filed online.

• The following documentation is required for renewal:
  • power of attorney;

• The first renewal date of a registration is:
  • 10 years from the registration grant date.

• Subsequent renewals last for the following period of time:
  • 10 years from the renewal date of the registration.

• The renewal pre-payment period is:
  • no more than the following number of years before the renewal date:

• There is a grace period for renewing registrations once the renewal date has expired.

• The grace period after the renewal date has expired is:
  • 6 months

• The penalty for late renewal is:
  • a fine

• Renewal cannot be effected online.

• At the completion of renewal, a new registration number is not issued.

If you would like to know the trademark registration process of Panama ? Click on here!

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