In Costa Rica, according to article 11 of the Trademark Law, an application for registration can be separated into two or more divisional applications, at any time during the registration process, in order to divide the list of goods or services included in the initial application.

This option is particularly useful when the Trademark Office refuses an application for trademark registration on part of the designated goods or services, either for a multiclass or for a single class application. The applicant therefore may file a divisional application in order to avoid objection to the entire application and speed up the registration process for the goods or services not objected.

Procedure

As per Costa Rican regulations, a division of the application will not be admitted by the Trademark Office if the list of goods or services included in the original application is extended or broadened. The list, however, may be reduced.

Each divisional application will be given a new filing number, but each shall keep the filing date of the original application, including priority rights when applicable. Any office action notified before the division request must be responded by the applicant in order to continue.

The publication in the Official Gazette made before the filing for a divisional will take effect for each divisional application. All the correspondent fees according to the law shall be charged separately as two or more separate applications.