regarding trademark applications for cannabis products.
In the past, the Costa Rican Trademark Office (CRTC), refused trademark applications including broad terms like "cannabis' or incorporating figurative elements related to cannabis, such as the plants leaf. These trademarks were viewed as contrary to public order and morality. However, this perspective shifted during the development and after the passage of Law No. 10.113. As a result, the CRTO appears to be starting to approve trademark applications for certain cannabis•related brands. These new approvals require the CRTO to implement standards clarifying which trademarks will be permitted.
Cannabis•related trademark applications will likely be subject to certain restrictions. For example, only trademark applications for brands that explicitly state they are 030 or hemp based have been approved, while trademark applications using -cannabis" more broadly or implying psychoactive effects have been denied. These trademark approval standards are similar to those implemented in Uruguay, which passed a similar law to Law No. 10.113 back in 2013.
Officials are scheduled to meet in the coming weeks to discuss trademark concerns related to cannabis products, and hopefully implement official CRTO guidelines regarding them. If certain trademarking is allowed, Costa Rica will likely see a rise A cannabis•related trademark applications. Morera 8, Ch..fn looks forward to helping clients handle this new, exciting territory.
