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Amendment to the Trademark and Patent Laws

By Guy José Bendaña-Guerrero & Asociados - 18/02/2020
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.

By Guy José Bendaña-Guerrero & Asociados - 18/02/2020
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Guy José Bendaña-Guerrero & Asociados

The Law Firm, specialized in the field of Intellectual Property, formerly known as Henry Caldera & Henry Caldera-Pallais, was founded in 1907 by Mr. Henry Caldera, as part of a three-way operation consisting also of the import and retail of goods. With time, these three operations became separate enterprises. That same year, and through the efforts of Mr. Caldera, Nicaragua had its first Trademark Law.

In the late 1930’s, Mr. Caldera’s older son, Henry Caldera-Pallais, after obtaining a Law degree in Nicaragua, furthered his studies in the University of Michigan, where he graduated to become a U.S. Registered Patent Agent. During his stay in the United States, he gained experience working with the New York firm of Lagner, Parry, Card and Largner. In the late 1940’s, Mr. Caldera-Pallais returned to Nicaragua to take charge of the Law Firm, which became known as Henry Caldera & Henry Caldera-Pallais.