Divimark

Cancellation Actions

At the request of any person with a legitimate interest, the Industrial Property Registry shall declare the nullity of a trademark registration due to one of the following reasons:
1. Lack of distinctiveness or if it damages the rights of third parties. In this case, the nullity statement will have retroactive effect only to the date of the act, without prejudice of rights acquired in good faith.
2. Generalization of the trademark. It can imply the cancellation of the trademark registration or a limitation on the scope of goods or services protected. It is understood that a trademark has become a generic name when, in commerce and for the public it has lost its distinctive character as an indicator of the corporate source of the product or service to which it applies.
3. Lack of use. This occurs when the trademark has not been used in Costa Rica during the five years prior to the date of filing of the cancellation action. In other words, the cancellation cannot be requested unless five years have passed since the registration date. It can imply the cancellation of the trademark registration or a limitation on the scope of goods or services protected.
The cancellation of a right for lack of use can also be requested as a defense against an objection from the Industrial Property Registry, an opposition to the registration from a third party, a request to declare the nullity of a trademark registration or action due to infringement of a registered trademark.
VOLUNTARY CANCELLATIONS
At any time, the registered owner can request the cancellation of a trademark registration or a limitation on the scope of goods or services protected.

For more information on cancellations please click here.