Patent applications in Nicaragua, necessary documents:
- Description, claims, drawings and summary of the patent application in Spanish
- Assignment document signed by the inventors (scanned copy).
- Special Power duly certified by a Notary and Legalized by Apostille
Patent registration procedure in Nicaragua:
- The presentation form with the data provided by the client is presented at the Nicaraguan Patent Office.
- The Patent Office notifies us of a notice to be published in La Gaceta.
- Once published in La Gaceta, the term of six months is counted from the date of publication to present the payment of the substantive examination.
- Payment of the Background Exam is made.
- The Patent Office notifies us who will be the expert in charge of conducting the substantive examination.
- We are notified of the result of the substantive examination.
If the result is positive, the certificate is paid, if it is negative, the customer is given a 3-month term to respond and express his or her arguments about why the request should be granted.
- Payment of the certificate is made.
- Once the patent office notifies us of the registration certificate, the original certificate is sent to the client.
- Approximate term of approval: 2 - 3 years
Trademark Law in Nicaragua
Legal basis is the Trademark Law (Law 380), in force since April, 2001, its regulation Decree 83 -2001 and Law 580, Amendments to Trademark Law (380) by Law 580.
Amendments to Regulation of Trademark Law, since June 28th, 2012 by Decree 25-2012.
Trademark protection is obtained by registration.
Tradename protection is obtained by first use in Nicaragua, registration before the Intellectual Property Registry (RPI) is only declarative.
Nice classification, 10th edition
The registration process is described as follows in Nicaragua:
Payment by request
Application Form Exam
Issuance of application notice
Payment per publication
Publication of notice of application in La Gaceta, Official Gazette
Two month period for opposition (as of the date of publication)
Substantive examination (verify if the trademark is included in the prohibitions of registration for intrinsic reasons or by third party right)
Registration (In case there is no opposition or objection).
Trademark Process observations
Once the application has been submitted, the registry will proceed to carry out the form examination and will order the publication in La Gaceta, Official Gazette only once within a period of fifteen days, waiting for the term of opposition that is two (2) months from of the publication, so the registry will be able to carry out the substantive and resolution examinations, being at least 4 months and maximum 5 for the Registry office to issue the registration certificate.
Services in case of opposition, In case of opposition to the requests, the period to respond is two months from the date of notification and to resolve the opposition is two months from the day following the date on which the term for answer. These costs do not include instances, or opposition or amendments to requests.
The trademark registration process in Nicaragua lasts approximately 8 to 12 months and to proceed with the application for trademark registration the following information and documentation is required:
-Power of representation duly authenticated by Apostille or consular route where appropriate.
-Corporate name and place of incorporation of the Applicant or full and general name of law for natural person (marital status, profession, domicile and nationality)
-If the applicant is a natural person, a copy of their identity document is required.
-Mark, in case of figurative or mixed mark, a design sent in electronic format .jpg
-Products or services grouped by class, in accordance with the International Classification of Products and Services (Nice Classification)
Remarks about the Trademark Registration Proceedings in Nicaragua
The application is filed at the Intellectual Property Registry (RPI).
Multiple-class applications are possible.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The trademark is published twice, initially for opposition purposes and lastly at the time of registration.
The substantive examination – earlier described – takes place after the trademarkʼs publication.
National Opposition Period
The opposition period is 2 months from publication date of the application.
A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.