COSTA RICA The new Trademark Law No. 7978 was approved and went into effect on February 1, 2000. The new law contains the following important changes:

• In addition to the registration of trademarks, service marks, collective marks, commercial names, and slogans, the law provides for registration of certification marks, emblems and denominations of origin.
• Includes the protection of notorious trademarks.
• Regulates the use of geographic indications.
• Establishes a priority right to obtain trademark registration to whoever has been using it in good faith since the oldest date, provided that he has used it for more than three months or invokes the oldest priority right. When the mark is not in use in commerce or has been used for less than three months, the registration will be granted to whomever files the application first or invokes the oldest priority date.
• Establishes a priority right of six months in accordance with the Paris Convention.
• The Power of Attorney must be notarized, but does not require consular legalization.
• Provides for oppositions based on prior use, but the opposer must prove that he has filed an application to register the trademark in Costa Rica.
• Grants a six month term for late renewal of trademarks.
• Provides for the cancellation of a trademark for non-use in Costa Rica for a period of five years before the cancellation action is filed, or if it has become the generic name for the goods or services it protects.