When it comes to well-known marks and unfair competition, the statute of limitations is a controversial issue.
When it comes to well-known marks and unfair competition, the statute of limitations is a controversial issue. It would be simpler if it only implied the annulment of a trademark registration, but it usually comes associated with a continued use of the infringed mark.
According to Article 6 bis of the Paris Convention, of which Costa Rica is a member “… (2) A period of at least five years from the date of registration shall be allowed for requesting the cancellation of such a mark. The countries of the Union may provide for a period within which the prohibition of use must be requested.” Further on it states that “… (3) No time limit shall be fixed for requesting the cancellation or the prohibition of the use of marks registered or used in bad faith …”
Similarly, Article 4, item 5(b) and (c) of Recommendation 833, states that “… a member state may not prescribe any time limit for requesting the invalidation of the registration of a mark which is in conflict with a well-known mark if the conflicting mark was registered in bad faith.
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at email@example.com
Trademarks, well-known marks, Costa Rica,