Costa Rican trademark law recognizes a special protection granted to well-known trademarks (“marcas notorias” in Spanish), even when such trademarks are not registered locally. A well-known trademark is one that has achieved a significant level of recognition within the relevant sector of the public, whether through international use, advertising, market presence, or commercial reputation. This enhanced protection is grounded in both national legislation and international treaties to which Costa Rica is a party, and it aims to prevent unfair advantage, dilution, or bad-faith registration by third parties.
In practice, the recognition of a trademark as well-known allows its owner to oppose pending applications or to challenge existing registrations that reproduce or imitate the distinctive elements of the famous mark. The key factor is not necessarily prior registration in Costa Rica, but rather the ability to demonstrate reputation and recognition within the relevant market. Evidence may include international registrations, advertising campaigns, sales figures, market studies, media presence, sponsorships, and other documentation supporting the notoriety of the brand.
When a trademark has been improperly registered by a third party—particularly in bad faith or in violation of prior rights—the affected party may file a nullity action before the Costa Rican Intellectual Property Registry. Nullity proceedings seek to cancel a registered trademark on legal grounds such as lack of distinctiveness, prior rights or use, bad faith, or conflict with a well-known trademark. These actions require a structured legal strategy and solid evidentiary support to demonstrate that the registration should not have been granted or is unlawful.
The protection of well-known trademarks and the availability of nullity actions serve as important mechanisms to safeguard brand value and maintain fair competition in the marketplace. Companies with internationally recognized brands should monitor the Costa Rican registry and act promptly against conflicting applications or registrations to preserve their rights and prevent reputational and commercial harm.