The Trademark Law Treaty (TLT), an international instrument with the purpose of harmonizing and simplifying national and regional trademark registration procedures, was ratified by Costa Rica and is in force since October 17th 2008.

 

One of the provisions of the TLT concerns the power of attorney: the TLT does not allow a requirement as to the attestation, notarization, authentication, legalization or certification of any signature accompanying a trademark application.

 

Article 82 of the Costa Rican Trademark Law, imposes that the power of attorney must be notarized as well as legalized by apostille in order to be admitted before the Trademark Office. Nevertheless, a recent decision of the Administrative Court of Appeals referred to this requirement indicating that it is possible for the Trademark Office to follow the provisions of the TLT, due to the rule of law and the hierarchy of the law in Costa Rica.

 

In accordance, the Trademark Office recently issued an official directive (DPI 001-2018) specifying that a power of attorney does not need notarization or legalization to be valid in trademark applications procedures.  The directive also refers to the case when the POA is not submitted together with the trademark application, there is a two-month period to submit such document.


It is important to note that the POA does not need to be notarized in cases of patent applications. Legalization of such document, however, is still required by the Patent Office.