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Changes in the Nicaraguan Trademark Office
By Julian J. Bendaña-Aragon, Guy José Bendaña-Guerrero & Asociados
Due to the global COVID-19 pandemic, on May 5, 2020, the Nicaraguan Trademark Office allowed and accepted the presentation of new procedures, powers of attorney, transfer documents and name changes, among others, without the need of presenting a notarial certification by Apostille or by a consulate of Nicaragua.As of March 31, 2022, such decision has been cancelled and now the Trademark Office once again requires that all documents must be presented duly certified by Apostille or consular means. In the case of a document in a foreign language, it is also required its official translation into Spanish before a Nicaraguan notary public.
Requirement of proof of existence by applicant companies
On March 15, 2022, the Nicaraguan Trademark Office decided to require applicant companies the presentation of a certificate that proofed their existence, duly certified by Apostille or consular means, for all types of trademark procedures. The requirement tended to be applied only in new applications or in those that were already under process.
Faced with this new and surprising decision, the Nicaraguan private sector addressed the issue with the authorities of the Trademark Office to find a solution that would be more feasible to comply with.
As a result of this approach, the implementation of the following practices was agreed:
-It will not be required to present a certificate of existence or a similar document to prove the existence of an applicant company. The presentation of the number and date of registration of the company will be consider enough proof.
-The requirement will only be applied in cases of trademark registration applications, including new applications and those that are already under process, and will not be required for renewal procedures.
-The requirement can be complied with: the presentation of a brief document in which the information is included; the inclusion of the information in the trademark registration application form; the inclusion of the information through the powers granted to local agents.
-For applications that are already under process and for which the required information has not yet been submitted, the Trademark Office will issue an individual notification for each case requesting the submission of the information with a term of 15 business days. In order to avoid delays, we suggest to submit such information as soon as it is available and before the Trademark Office issues the notification.
It is important to notice that the Trademark Office will not issue any written guideline on this matter, so we’ll be informing about any other changes that are made in the future.
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.
