Amendment to the Trademark and Patent Laws

By Guy José Bendaña-Guerrero & Asociados

Amendment to the Trademark and Patent Laws
At present the National Assembly of Nicaragua is reviewing an amendment to the Trademark and Patent Laws (Nº 380 and 354), with the purpose of studying the following topics.

For the Trademark Law:
 
-Increase in all Official fees.
-New official fees for judicial decisions to be recorded at the Trademark Office.
-Submission of official fees must be done in advance or along with the application filing.
-Commercial names should be renewed every 10 years. There is a three-month period from the publication of the Law of Amendments to request the renewal for commercial names that has more than 10 years since their registration and keep them in force.
-Original certificate of registration must be submitted by the time of renewal, change of name, assignment, license, voluntary cancelation, or other recordals.
-Opposition term will be of one (1) month from the publication date.
-Term to file the Power of Attorney, when acting as agents without Power of Attorney, by rendering a bond, will be of one (1) month from the filing date.
 
For the Patent Law:
 
-Increase in all Official fees.
-New official fees for compensation term of patents.

Guy José Bendaña-Guerrero & Asociados will keep informed all its clients while we continue to monitor further developments.
Guy José Bendaña-Guerrero & Asociados

GUY JOSE BENDAÑA GUERRERO & ASOCIADOS has a long and prosperous tradition in the field of intellectual property (IP) in Nicaragua, with roots that go back to more than 100 years, resulting on long-term relationships with renowned clients and attorneys worldwide.

The firm has its origins in the law firm Henry Caldera & Henry Caldera-Pallais, founded in 1907 by Mr. Henry Caldera. That same year of 1907, through the efforts of Mr. Caldera, Nicaragua had its first Trademark Law. In the late 1930’s, Mr. Caldera’s oldest son, Dr. Henry Caldera-Pallais, after studying law in Nicaragua, attended the University of Michigan, where he graduated as a Registered U.S. Patent Attorney. Dr. Caldera-Pallais in 1964 was a founding member of the Interamerican Association of Intellectual Property (ASIPI), the first regional intellectual property organization in the Americas. The firm continued to grow during the administration of Dr. Franklin Caldera, son of Dr. Caldera-Pallais, who obtained his doctoral degree in law from the Universidad Centroamericana in 1973.

Since 1985 the current partners, Dr. Guy José Bendaña Guerrero and Mrs. Blanca Aragón de Bendaña, took over the management of the firm. Dr. Bendaña Guerrero, Director of the firm, has distinguished himself as one of the most respected authorities in Central America in the field of intellectual property and law in general, being the author of several books such as “Course of Industrial Property Law”, “Study of the new Laws of Industrial Property” and “New Study of Contracts “, among others. Mrs. Aragón de Bendaña has served as the firm’s general manager and, thanks to her excellent management, the firm has been in constant growth, with a highly qualified staff committed to excellence. Since 1996, partner Julián José Bendaña Aragón joined the firm, and has been standing out as one of the most recognized attorneys in the field of intellectual property.

We have adapted to the constant change of the business world, supporting our clients in finding the most appropriate legal solutions for each moment. The firm distinguishes itself by understanding the needs of its clients, offering personalized service and adding value to its activities.

Nowadays we continue to be the leading firm in Nicaragua in the area of intellectual property, and at the same time, we have been consolidating other areas of service within the civil, commercial and labor fields, as well as litigation and consulting in general. The firm is well positioned to guarantee a pragmatic service that meets the requirements of the most demanding clients.

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