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Costa Rica: Battling for acquired distinctiveness

By María del Pilar López and Esteban Monge

Under the current trademark law it is highly difficult to bring acquired distinctiveness as an argument to overcome a refusal for lack of distinctiveness in Costa Rica – despite international pressure

Innovation is at the heart of achieving a competitive advantage and in today’s globalised world, accessing new markets and choosing an appealing trademark are a crucial part of a company’s brand strategy for increasing recognition and maximising profits. However, acquiring and enforcing trademark rights can be challenging, given that trademark principles and standards of distinctiveness vary depending on jurisdiction.

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Issue 71