Use of Trademark

Apr 22, 2021 | English Blog

There are those who start the process of trademark registration in Nicaragua even when they have no short-term plans for the use of it, either because they are studying the possibility of introducing their products, provide their services in the domestic market or because the introduction of its products prior involves obtaining additional records to trademark, such is the case of foods products that require obtaining a sanitary registration in order to be able to market these products in the country and therefore, during this process, the mark cannot be used yet. The person interested in protecting the brand initially proceed with the formalities for trademark registration in order to ensure the right to exclusive use. This process is sufficient if the aim is the sole protection of the trademark in the country, however, there is something extra to be considered: Use of the Trademark.

Although the use of the trademark is not a requirement for registration, the use of the trademark becomes relevant when considering the validity of the record itself. The national law does not require to demonstrate the use of trademark to maintain the validity of a registration. However, a trademark registration may be terminated by canceling it due lack of use. It is very important to know this: Although companies are not required to use their brands to get or maintain a trademark registration, there is a possibility that the registration might get cancelled for non- use.

It is extremely important to take this information into account because it is possible that the trademark owner believes that due to the fact that a use was not required to register his trademark, he is not obliged to verify the use of the trademark within the ten-year period validity granted by the registration, and that there is no risk of not using it.

Under our current legislation, natural or legal persons who use a brand of good faith inside the country have the right to object to the appropriate authorities. In the grounds of inadmissibility by third party rights states that could not be registered as a trademark any sign whose use would affect a prior right of third. It is understood as affected a prior right of a third party in the following cases: that the sign applied for is identical or similar to a sign that has been used in good faith in the country by a third, in the identification of a product or service.

An individual with an unregistered trademark may, if it meets certain requirements, oppose against a trademark that is similar or identical to theirs. Prior to filing the opposition, you it must submit an application for registration for its trademark and will also have to prove that said trademark has been used for at least six months.

Considering the above, the use of the trademark is a point that must be considered by those trademark owners who do not want to run the risk of losing their registration. And for those who use the brand without having a registration, there is no wiser decision than to proceed with the necessary procedures to obtain the registration of their trademark, in such a way that they can have an exclusive right to use their brand.