Tribunal Lessens Requirements for Country Name Trademark Registration
In a recent decision favorable to one of our clients, the Tribunal of Administrative Jurisdiction overturned a rejection by the Trademark Office of a trademark application containing a country name. The Trademark Office had based its rejection on the fact that authorization of the country to use the name as part of the trademark was not submitted.
As previously reported in our bulletin, the Costa Rican Trademark Law specifically prohibits the registration of signs that include "the reproduction or imitation, in whole or in part, of a denomination or abbreviation of any State or international organization, without permission of the competent authority or organization". This is clearly a form of protection for country names against registration by parties unconnected with the constitutional authorities of the country. The law, however, does not specify who the competent authorities to grant the required authorization are. Therefore, the authorization requirement becomes an obstacle for registration of this type of signs, when there is not an identified authority or organization capable of fulfilling the requisite.
In our Firm
Castro & Pal Continues Leadership in Patent Prosecution This week IP attorneys of Castro & Pal Abogados participated in one of the first oral trials in patent prosecution in Costa Rica, presenting a very complex patent case before the Tribunal of Administrative Jurisdiction. The case may become a precedent for examiners, as it would be relevant in cases of rejection of patent claims without proper reasoning.
For Castro & Pal this case is significant since there have been only a few oral trials for patent cases so far under the new Code of Administrative Jurisdiction Procedure. The new code established oral hearings with witness and expert examination and cross examination, encompassing new challenges for patent practitioners without trial experience.