Filing
The filing date of a Nicaraguan trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same, but the priority date will be the one claimed.
Formal Examination
Within 30 working days from the filing date
The Nicaraguan Trademark Office will determine within 30 working days if the application meets the minimum formal requirements.
If it does, the Trademark Office will proceed to order the publication of the trademark.
Publication
Within 15 working days from the order of publication
The trademark will be published in the Official Gazette for opposition purposes.
Opposition Period
30 working days counted from the publication date
The opposition period starts as soon as the trademark is published and ends 30 working days after the publication. This term can be extended one time only for an additional fifteen (15) business days by filing an extension request and paying the respective extension official fee. The request of extension must be filed prior to the expiration of the opposition term.
Substantive Examination
End of Opposition Period + maximum 60 working days
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
Registration fees
Granting
Within 8 to 10 months from the filing date
If no obstacles are found, the Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
Certificate of Registration
Substantive examination + 2 months counted from the day of the granting resolution
A paper registration certificate will be issued within the next 60 working days approximately.
The filing date of a Nicaraguan trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same, but the priority date will be the one claimed.
Within 30 working days from the filing date
The Nicaraguan Trademark Office will determine within 30 working days if the application meets the minimum formal requirements.
If it does, the Trademark Office will proceed to order the publication of the trademark.
Within 15 working days from the order of publication
The trademark will be published in the Official Gazette for opposition purposes.
30 working days counted from the publication date
The opposition period starts as soon as the trademark is published and ends 30 working days after the publication. This term can be extended one time only for an additional fifteen (15) business days by filing an extension request and paying the respective extension official fee. The request of extension must be filed prior to the expiration of the opposition term.
End of Opposition Period + maximum 60 working days
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
Within 8 to 10 months from the filing date
If no obstacles are found, the Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
Substantive examination + 2 months counted from the day of the granting resolution
A paper registration certificate will be issued within the next 60 working days approximately.
Useful Information
According to the applicable law, a trademark has a period of 3 years after its registration in which it cannot be cancelled. After that, any third party can apply for a cancelation action due to non-use.
It is relevant to also note that the use of the mark is not evaluated ex officio by the NGTMO, nor the owner must file periodically any prove of use. The evaluation of the use of a trademark is only done in the eventuality that a cancelation action is filed.