Costa Rica Intellectual Property Registration
Types and classification of distinction signs
- Trademark: Section Two of the Law of Trademarks and other Distinction Signs defines “trademark” as: “any sign or combination of signs that allows the distinction between the goods or services belonging to a person from the ones belonging to another person, for the reason of such being considered sufficiently different or capable of identifying the goods or services to which they apply, before the ones in their same species or class”. Trademarks may be constituted by words or word combinations, letters, numbers, graphical elements, figures, monograms, pictures, labels, patterns, illustrations, among others, as well as by the form or presentation of products or services. The same criteria apply for commercial names.
- Commercial name: The above-indicated Law defines the “commercial name” as: “the denominative or a mixed sign that identifies and distinguishes a company or a specific commercial establishment”. The commercial name is a distinctive sign created exclusively for the identification of a business or commercial establishment, and the difference between it and a trademark is that the commercial name does not protect the services or products that the business or commercial establishment manufactures, sales or provides.
- Advertising slogans: The “advertising slogan” or “commercial advertising slogan” is a distinction sign defined as a: “slogan, advertisement, motto, phrase, combination of words, design, engraving, or any other similar, as long as it is original, characteristic and it is used to catch the attention of consumers and users on a specific product, service, business, establishment or commercial establishment”.
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