REGULATIONS UNDER THE LAW ON MARKS AND OTHER DISTINCTIVE SIGNS DECREE No. 83-2001, Adopted on September 4, 2001
Published in La Gaceta (Official Journal) No. 183 of September 27, 2001
THE PRESIDENT OF THE REPUBLIC OF NICARAGUA
By virtue of the powers conferred upon him by the Political Constitution,
HAS ISSUED
The following:
DECREE
REGULATIONS UNDER THE LAW ON MARKS AND OTHER DISTINCTIVE SIGNS
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose The purpose of this Decre e is to establish the re gulatory provisions for Law No. 380 , Law on Marks and Other Distinctive Signs, published in La Gaceta No. 70 of April 16, 200 1, hereinafter called “the Law”.
CHAPTER II MARKS
MARK REGISTRATION
Article 2. Filing and acceptance of registration applications Registration applications for marks shall be f iled with the Intellectual P roperty Registry , in accordance with the requirements laid down in Articles 9 and 11 of the Law. If an application fails to meet these requirements, the Registry shall notify the applicant so that he can satisfy the same within two months following notification. If within this period he meets all of the requirements provided for in the foregoing Articles, the application shall retain its date of filing; in case of failure to comply within this period, the application shall be considered not to have been filed and shall be archived.
Article 3. Content of the application
In addition to the requirements stipulated in Article 11 of the Law, the application shall contain:
(1) The address of the ap plicant, consisting of inform ation relating to the postal code or zone, street, number of the house or building, as appropriate, sufficient to ensur e rapid communication; there may also be a special postal address for pur poses of correspondence by m ail. If there is more than one applicant, a single address shall be indicated for th e purposes of the application. The addre ss given shall include telephone and facsimile numbers, and an e-mail address, as appropriate.
(2) An indication, as appropriate, of a claim to the right provided for in Article 6 quinqu ies of th e Paris Convention for t he Protection of Industrial Property, either acco mpanying the applic ation or provided within the three m onths following the date of filing, as well as the certificate of registration for the mark in the country of ori gin, with the tr anslation, as need be, as provided for in the final paragraph of Article 10 of the Law.
Article 4. Failure to pay the set fee
In case of fai lure to provide proof of pay ment of the basic fee set, the application shall be pr ocessed but the applicant shall provide such proof within no more than two months; otherwise, the application shall be considered to have been abando ned ipso jure and shall be archived ex officio. The basic fe e is for the application to register the mark and the additional fee is for each of the classes for which the mark is applied for, and shall be paid before the mark is registered. If within two months following the date on which he was notified of the decision by the bo dy ordering the said registration, the applicant has not paid this fee, the decision shall re main without effect and the file sh all be shelved without further processing.
Article 5. Limitations and abandonments
Any abandonment or limitation relating to the goods or services for which the mark is to be used shal l be indicated in the list included in the application.
Any abandonment or li mitation with regard to the fo rm in which the mark may be used in trade, in particular with regard to the color or size to be used, shall be indicated in the application.
When the mark has one or more spe cial colors re served for it, the application shall indicate th e reserved color or colors with regard to each color and the main parts of the mark which appear in that color.
Article 6. Reproduction of the mark
Every copy of the reproduction of the mark shall be clean and free of any handwritten changes and sufficiently clear for the constituent elements of the mark to be distinguished and allow it to be photocopied or printed without loss of quality. One of the copies of the reproduction shall be affixed to or printed in the registration application.
Article 7. Three-dimensional marks
If the mark is three-dimensional, reproduction of the mark shall consist of a two-dimensional graphic or photographic reproduction. The reproduction m ay consist of a single view or of several different views of the mark.
Article 8. Extension of the reproduction of the mark
Every copy of the reproduction shall fit into a square space no larger than eight centim eters per side. If the mark is figurative, m ixed or three-dimensional, the size of its reproductio n shall not be smaller than three centimeters between its two furthest points.
Article 9. Reproduction of other signs
Where the mark consists of a label or design or a series of wor ds, protection shall only cover th e words, captions or signs w hich characterize it, but not the terms or signs in co mmon use or usual in business, industry or service activities.
Article 10. List of goods and services
The goods or services grouped together by class shall be listed in the application in numerical order of the respective classes.
For the purposes of de signating the goods or servic es in the applic ation, precise terms shall be used, where possible the ter ms contained in the alphabetical list of goods and services of the Clas sification referred to in Article 93 of the Law.
Article 11. House marks
An application may be filed for house marks covering all goods or services included in a class of th e classification. The applicant shall state that the m ark applied for is of this type. A house m ark shall be considered to be the mark that contains the na me of the holder and which is applied in general to the goods or services offered by the holder.
Article 12. Ownership of a mark
Ownership of a mark and the right to the exclusive use thereof may only be acquired in relation to the goods, merchandise or services which it was meant to cover and which are included in the same class, without prejudice to the provisions of Article 8 of the Law.
Article 13. Subsequent application to register goods and services
Any su bsequent application for an already re gistered mark to disting uish additional goods, merchandise or services, r egardless of the class to which they belong, shall be processed as if it pertains to a completely new mark, wit hout prejudice to the pr ovisions of the second paragraph of Article 93 of the Law.
Article 14. Figurative, mixed or three-dimensional marks
Where the mark is figurative, mixed or three-di mensional, the application for registration may indicate the relevant categ ories and divisions of th e International Classification referred to in Articl e 94 of the Law.
Article 15. Classification of goods and services
Any indication contained in the application with re gard to the classification of the goods and services or, as the case may be, the figurative ele ments of th e marks, shall be tent ative. The I ntellectual Property Registry shall determine the class to which each good or service corresponds.
Article 16. Priority
For a single application, m ultiple or partial priorities may be invoked, which m ay originate from two or more different offices. In such a case, the priority term shall begin from the earliest priority date.
The right of priorit y may also be based on a previous application filed with the Intellectual Property Registry, provided that a previous righ t of priority was not clai med in that a pplication. Granting the registration applied for with the benefit of the priority right shall lead to the cessation of the defects of the previous application in respect of th e subject matter that is co mmon between the two. The ti me periods and conditions provided for in this Article shall apply in this respect.
Article 17. Multiple priority
Multiple priority is what is claimed where the list of goods or services in the application filed combines lists of goods or services from two or more priority applications.
Article 18. Partial priority
Partial priority is what is clai med wher e the lis t of goods or services in the application fi led onl y includes some of the goods or services contained in the list from the priority application.
Article 19. Claiming of priority
Where multiple or partial priorities are claimed, information relating to all of t hem shall be indicated and the corresponding documents shall be produced.
Where priority is sought in a registration application with a view to enjoying the temporary protection stipulated in Article 11 of the Paris Conventi on for the Pro tection of In dustrial Prop erty, t he application shall indicate this and shall be ac companied by proof issued by the authority organizing the international exhibition, with a translation as a ppropriate, attesting that the goods or services with the mark have been display ed and indicating the date on which the y were displayed for the first time at the exhibition.
Article 20. Amendment or correction of an application
Requests for am ending or correcting a registration a pplication sh all co mply w ith the pr ovisions of Article 12 of the Law and shall contain at least the following elements:
1. Particulars of the applicant or rights holder, agent or representative, as the case may be;
2. An indication of the application(s) to be amended;
3. An indication of the amendment(s) or change(s);
4. A list of attached documents;
5. Place of service;
6. Name and signature of the applicant.
Where the same amendment or correcti on affects one or more applications or registrations, a single request may be made for all.
Article 21. Application for amendment
Requests for amendment or correction shall be accompanied by proof of payment of the fee set.
For the purposes of Article 12 of the Law, it shall be considered that an application is being processed as long as all of the administrative or judicial authorities and remedies relating t o the application and provided for in domestic legislation have not been e xhausted. If the amendment of the application is due to a change in ownership stemming from a total or partial transfer, the provisions of Arti cles 30, 31 and 32 of the Law shall appl y, as appropriate. If the transfer entails a division of the application, the provisions of Article 13 of the Law shall apply.
The provisions of Article 24 of the Law shall apply to amendments or corrections of applications.
Article 22. Division of applications
Requests for division shall com ply with the provisio ns of Article 13 of the La w and shall contain at least the following elements:
1. Particulars of the applicant(s), representative or agent;
2. Information on the application subject to division;
3. A new list of goods and services;
4. A description of attached documents;
5. Place of service;
6. Name and signature of the applicant.
Requests for division shall be accom panied by proo f of payment of the fee set, failing which the y shall not be processed, barring the provisions of Article 4 of these Regulations.
For the purposes of form ing each divisional application, the applicant shall file the new lists of goods and services grouped together as appropriate for each one, and copies of the documents co ntained in the original application. T he Registrar shall authenticate the copies as necessar y to constitute the file for each divisional application. The provisions of Article 24 of the Law shall apply to the division of application.
If, prior to the filing of the request for division an omission or defect is notified, in accordance with Article 14 of the Law, the division shall not be pr ocessed until the error or o mission that gave rise t o notification has been corrected.
Article 23. Procedures for filing a divisional application
Each divisional application shall be assi gned a new number and shall contain the identification of the number of the original application.
Once the division has been made, ea ch divisional application shall be processed separately as if it had been filed independently at the start.
Publication of the application before division shall have effect for each divisional application.
Article 24. Withdrawal
The withdrawal of a registration application for a mark shall comply with Ar ticle 17 of the Law and shall contain at least the following elements:
1. Particulars of the applicant, rights holder, representative or agent;
2. An indication of the application(s) to be withdra wn, classific ation, place of service, na me and signature of the applicant.
A single document may be used to withdraw two or more applications. For these purposes, t he party concerned shall identify each of the applications to be withdrawn. The Intellec tual Property Registry shall group together the files for each application wit h a view to issuing a decision on the wit hdrawal. Once the withdrawal has been filed, the Registry shall issue an order for the corresponding application to be shelved.
Article 25. Examination of form
In the event that the grouping together or classi fication of the goods or services indicat ed in the registration application is incorrect, the Intellect ual Property Registry shal l inform the applicant accordingly, indicating, as appropriate, who shall pay the fee set in accordance with Article 95 of the Law.
Where one o r more of the goods or ser vices included in the application list is designated in general, imprecise, inco mprehensible or incorrect ter ms, th e Intellectual Property Re gistry shall inform the applicant accordingly so that the applic ant may correct the list, pursuant to the provisions of Article 12 of the Law.
In the event that notice of abandonment of the application referred to in Article 14(2) of the Law takes effect, the Registrar shall issue ex officio the correspondin g decision and shall inform the applicant thereof. The application file shall be archived.
Article 26. Publication of the application
Notice of publication of the application shall be given in accordance with Arti cle 15 of the Law and shall contain at least the following elements:
1. Reproduction of the mark;
2. An indication of the type of mark;
3. An indication of claims;
4. An indication of reservations for one or more colors;
5. Place and date of issuance of the notice and name of the authorizing official.
Article 27. Opposition
Opposition to registration applications for marks shall comply with the provisions of Article 16 of the Law.
The provisions of Article 3(1) and (2) of these Regulations shall apply to oppositions.
Rebuttals to oppositi ons shall give the de fact o and de jure gr ounds on w hich the y ar e based, accompanied by or providing relevant proof. If a rebuttal is not acco mpanied by proof, such proof shall be provided within 30 calendar day s following the filing of t he opposition. If t he deadline for opposition stipulated in Article 16 of the Law passes without any opposition having been put forward, the Registrar shall take a decision on the application.
Where the opposition is based on the use, in good faith , of a mark in accordance with the pr ovisions of Article 8(i) of the Law, the interested party shall, prior to the filing of the opposition, file the registration application for the mark and shall have to prove that he has used it for at least six months. Likewise, where an opposition to the registration app lication is filed by the person who has used the mark, that person shall have to prove his use during the time period in question.
For the purposes of the final paragraph of Article 16 of the Law, once the opposition has bee n filed, the parties may agree to appoint one or more arb iters or arbitrators to settle the opposition, on the basis before the Registry of t he relevant provi sions of Book Three, Title XIII, Judgments for Arbitration, Articles 958 to 990 of the Code of Civil Procedure.
Article 28. Decision
Where the application has given rise to an opposition, the Intellectual Property Registry shall decide the matter, taking into consideration any agreement reached by the parties on th e limitation of the list of goods or services or the manner in which the respective marks are to be used in trade. The Registry shall not accept an agreement which presupposes two or m ore registrations of the sam e mark on behalf of different persons to distinguish identical goods or services.
In the event of a deci sion to grant reg istration, the Intellectual P roperty Registry shall inform th e applicant of the decision s o that he may pay the additional fee set. Any decision to refuse al l or part of a registration applied for shall be duly reasoned and communicated to the applicant.
Article 29.- Substantive examination
If the mark for which registration is applied for is identical to another already filed for registration by a third part y and being processed, to distinguish co mpletely or partially identical goods or services, the Registrar shall suspen d processing of the later application until the earlier application has been resolved and shall notify the appli cant accordingly. If the applic ation filed at a prior date is refused , withdrawn or abandoned, the Registrar shall continue ex officio with the suspended application.
If the objections referred to in the last paragraph of Article 18 of the Law only affect one or more of the goods o r services indicated in the applicati on, the appli cant may retain the obj ection b y eliminating the respective goods or services from the list or by limiting the list. Such limitation shall be effect ed, inter alia, by replacing the goods or services with o ther, more specific ones or by a specific aban donment with regard to t he application or use of t he mark as far as certain goods or services are concerned.
Article 30. Registration of marks
Entries for marks shall contain the following:
(1) The registration number of the mark;
(2) The date of the decision by which registration was granted;
(3) The date of expiry of registration, which shall be determined starting from the date of the decision by which registration was granted;
(4) The name and address of the owner;
(5) The place of incorporation and domicile of th e owner, where this entails a legal entity , as well as the name of the agent in the country, as appropriate;
(6) The number and date of the registration application for the mark;
(7) The dates of publication of the notice of application for registration of the mark;
(8) As appropriate, information on the statement of priority indicated in Article 10(3) of the Law;
(9) Information on the registration of origin of the mark, where the right referred to in Article 3(2) of these Regulations is invoked;
(10) As appropriate, information on the exhibition referred to in Article 19(1) of these Regulations;
(11) The mark registered, where it is denominative, without special graphics, form or colors;
(12) A reproduction of t he mark registered, where it is denominative with special graphics, form and colors, figurative, mixed, three-dimensional, with or without color;
(13) An indication of where a collective mark or a certification mark is involved, as appropriate;
(14) An indication of whether a three-dimensional mark is involved, as appropriate;
(15) An indication of the categories and divisions of the International Classification referred to i n Article 94 of the Law;
(16) An indication of the color or color s reserved, if one or more colors or series of colors have been reserved;
(17) Any waiver or limitation relating to the manner in which the mark may be used in trade;
(18) The list of goo ds and services for which the mark is or shall be used, grou ped together by class in accordance with the International Cl assification of Goods and Services, with an indication of the number of each class;
(19) Any waiver or limitation relating to the goods or services for which the mark is to be used;
(20) The date of entry of the mark in the respec tive registry and the signature of the Registrar o r Deputy Registrar, as the case may be, the Secretary and the Registry stamp.
Article 31.- Certificate of registration
The certificate of registration of a mark shall comply with the provisions of Article 19 of the Law an d shall further contain the following elements:
(1) The na me of the Regi stry and the inform ation and indications referr ed to in Article 30 of these Regulations;
(2) The c ertificate shall be signed b y the Registrar or D eputy Registrar and the Secr etary, in accordance with Article 135(c) of the Law. In lie u of handwritten signatures, the certificat e may be issued with printed, stam ped or facsi mile signatur es, provided that the Registr y is in a position to apply the appropriate security measures;
(3) The Registry stamp and legal stamps.
CHAPTER III RENEWAL OF REGISTRATION
Article 32. Renewal of registration Applications for renewal of registration of a m ark shall comply with the provisions of Article 22 of the Law and shall contain at least the following elements:
1. The registration to be renewed;
2. Particulars of the owner(s), representative or agent;
3. A list of goods and services;
4. Change of registration (in case of waiver or limitation);
5. A description of attached documents;
6. Place of service;
7. Name and signature of the applicant.
If the application for renewal is filed before the beginning of t he y ear prior to the expir y of the registration, it shall be returned to the applicant and shall be considered not to have been filed.
If the renewa l fee or, as appropriate, the surcharge h as not been paid at all or in full, the Int ellectual Property Registry shall inform the applicant accordingly so that he may provide proof of pa yment of the missing fee or amount within two months. If he fails to correct this defect, the request for renewal shall be considered to have been abandoned. T his r equest may be resub mitted, provi ded the tim e periods and conditions stipulated in Article 22(2) of the Law are respected.
Article 33. Amendment of renewal
The owner of the registration may take advantage of the renewal to amend it, by introducing a waiver or limitation with regard to the use of the mark in trade. The waiver or limitation shall be indicated in the request f or renewal, and shall be a ccompanied by proof of payment of the amend ment fee set. Likewise, the owner of the registration may redu ce or li mit the list of goods and services. As appropriate, he shall file with the request for rene wal the amend ed list, which shall be entered in the registration, and shall attach proof of payment of the amendment fee set.
Article 34. Entry and certificate of renewal
Entries for e ach rene wal shall be made in the r ecord of the reg istration to be renewed, and shall contain the following:
(1) The number of the registration to be renewed;
(2) The date of entry of the renewal;
(3) T he date of ex piry of the registration, which shall be calculated from the date of expir y of the original registration or the previous renewal, as appropriate, even where rene wal is request ed within the grace period provided for;
(4) The name and address of the agent in the c ountry, as appropriate where th is person is d ifferent from the one indicated in the original registration or the previous renewal, as the case may be;
(5) Any waiver or lim itation relating to the m anner in which the mark may be used in trade, introduced at the time of renewal;
(6) Any waiver or lim itation relating to the goods o r services introduced at th e time of renewal and, as appropriate, the new list of goods and services.
Article 35. Certificate of renewal
The Intellectual Property Registry shall issue to the owner a certificate of renewal which shall contain:
(1) the name of the Registry;
(2) the name and address of the owner; and
(3) the information mentioned in the foregoing Article, indicating as the renewed registration number the number of the original registration preceded by the letter “R” .
The provisions of Article 31(2) of these Regulations shall apply to certificates of renewal.
CHAPTER IV AMENDMENT AND DIVISION OF REGISTRATION
Article 36. Amendment of registration Amendments of registration shall com ply with the provisions of Article 24 of the Law and Article 20 of these Regulations, and shall contain the following:
(1) The request shall be filed together with proof of payment of the amendment fee set;
(2) The request shall specify the change, rectification, correction, waiver, reduction or limitation to be effected with regard to an y of the infor mation contained in the registration, in accordance with th e provisions of Article 24(1) of the Law.
(3) The declaration of consent provide d for in Article 24(2) of the Law shall be required where there is an entry r elating to the mark concerning a right of guarantee, dut y, encumbrance or other entry limiting the free disposal of the right in the mark.
Article 37. Division of registration
Requests for division of registration shall co mply with the provisions of Article 25 of the Law and shall contain the following:
(1) Proof of payment of the fee set for each divisional registration;
(2) The owner shall file together with the request the new lists of goods and services for each of the divisional registrations, grouped together in accordance with the provisions of A rticle 9(1)1.6 of the Law;
(3) Divisional registrations shall be effected by duplicating the registration to be div ided, and including the new list of goods and services for each one. The Registrar shall authenticate the copi es of the documents the duplication of which is necessary for these purposes;
(4) Each divisional registration shall be assigned a new number and shall contain the identification of the divided registration number, adding the letter “D”.
Article 38. Effects of division
Once division has been made, each divisional regi stration shall be indepen dent of the others. The expiry of each divisional registration shall be the same a s that of the divided registratio n. Each divisional registration shall be renewed separat ely, ensuring that the prescribed formalities ar e respected in each individual case.
Article 39. Compliance with formalities
If a request for entering an amendment or division fails to meet the conditions provided for in the Law or these Regulations, the Intellectual Property Registry shall inform the owner so that he m ay correct the defect within two months.
If he fails to correct the de fect within the presc ribed time limit, the request shall be considered to be abandoned and the file shall be archived.
Article 40. New certificates
Where a registration has been amended or divided, the Intellectual Property Registry shall provide the owner with a new registration certificate to repla ce the amended one or for each of the divisional registrations, as the case may be.
The provisions of Article 31 of these Regulations shall apply.
CHAPTER V TRANSFER AND LICENSING FOR USE OF THE MARK
Article 41. Recordal of a transfer Requests for recordal of a transfer of o ne or more registrations or one or more pending registration applications shall com ply with the provisions of Article 30 of the Law and shal l contain at least the following elements:
1. Particulars of the transferring applicant(s) or owner(s);
2. The application(s) or registration(s) to be transferred;
3. Particulars of the representative or agents of the transferor(s);
4. A list of the goods and services affected by the transfer;
5. Particulars for the purchaser(s) or the representative or agent of the purchaser(s);
6. A description of attached documents;
7. Place of service;
8. Name and signature of the applicant.
Where the transfer concerns only one or more of the goods and services covered by the application or registration in question, t he request shall indicate the goods an d services to be transferred to th e application or registration of the purchaser. If the transfer concerns more than one application or registration, the goods and services to be transferr ed shall be indicated separately for each application and each registration. The request shall be accompanied by proof of payment of the prescribed fee.
Article 42. Transfer
Where the transfer stems from one of the forms recognized by the Law, such as contract, testamentary provision, ruling, merger or split, the application entry shall indicate this and shall be accompanied by the respective document.
Article 43. Division of registration by transfer
Where the tra nsfer is parti al in such a way that th e change in ownership onl y affects one or more of the goods or services covered by regis tration, it sh all be divide d, thereby establishing a separate registration for the goods and services in respect of which there has been a change in ownership.
Articles 37, 38, 39 and 40 of these Regulations shall apply to division in case of transfer, as appropriate.
Article 44. Translation of transfer documents
If the document, as the case may be, that must accompany the request for recordal of the transfer, i n accordance with the provisions of Article 42 of these Regulations, is in a language other than Spanish, it shall be accompanied by the respective translation.
Article 45. Recordal of licenses
Requests for recordal of a license for us e of a mark shall comply with the provisions of Article 32 of the Law and shall contain the following:
(1) Proof of payment of the prescribed fee;
(2) A copy of the licensing contract for use of the mark; or
(3) An extract or su mmary of the contract i ndicating the term s and conditi ons which amend the additional rules provided for in Article 32(3), as appropriate, at the applicant’s discretion.
The provisions of Article 39 of these Regulations shall apply to the recordal of licenses.
Article 46. Formalities and new certificates
The provisions of Articles 39 and 40 of these R egulations shall apply to the recordal of transfer and the issuance of the new registration certificate.
CHAPTER VI TERMINATION OF REGISTRATION OF THE MARK
Article 47. Cancellation of a registration because the mark has become genericized The generalization of t he mark referred to i n A rticle 35 of the Law shall correspond to t he genericization of the mark under trademark law.
The judicial authority is t he com petent entit y to ex amine requests for annul ment of marks due to genericization.
Article 48.- Annulment owing to lack of use of a distinctive sign and invalidation of the recordal thereof
For the purposes of an action to annul registration owing to lack of use, a mark shall be understood to be in use wh ere the goods or services which it disti nguishes have been placed in circulation or are available under that mark, in the quantity and by the means which are norm ally appropriate, taking into account the size of the market, the nature of the goods or services in question and the pr ocedures under which they are marketed in an y of t he m ember countries of t he Worl d Trade Org anization (WTO).
Article 49.- Grounds for invalidation
The grounds for invalidation of a distinctive sign shall be those provided for in Article 34 of the Law.
If it is detrimental to the stronger right of a thir d party , t he invalidation of registration shall only proceed if the interested p arty does not oppose its a ppropriateness, and the injured party may file for invalidation.
If registration was effected in breach of the provi sions of the La w and these Regulations, either the injured party or the Public Prosecutor’s Office may file for invalidation.
Once the ruling declaring the invalidation of an entr y has become final, the j udicial authority shall issue the corresponding communication or certification to the Intellectual Property Registry.
The judicial authority is the competent entity to examine requests for the annulment or invalidation of distinctive signs.
Marks whose domain has been extinguished owing to lack of renewal or which have been annulled at their owner’s request may be registered once again, at any time, by the earlier owner or b y any other
person, provided they m eet the r equirements l aid down by the Law and these R egulations for any registration.
Article 50. Abandonment of registration
Requests for cancellation of one or more registrations at the ow ner’s request shall com ply with the provisions of Article 40 of the Law and shall contain at least the following elements:
1. Particulars of the applicant(s), owner(s), representative or agent, as appropriate;
2. Number(s) of registration(s) to be cancelled;
3. Classification;
4. A description of attached documents;
5. Place of service;
6. Name and signature of the applicant.
Also nece ssary shall be proof of pa yment of th e prescribed fe e and the de claration of consent provided for in Article 40(2) of the Law, which sh all be required where an en try appears r elating to the mark and concerning a right of gu arantee, duty, encu mbrance or other en try lim iting the free disposal of the right in the mark.
The provisions of Article 39 of these Regulations shall apply to requests for cancellation.
CHAPTER VII REGISTRATION OF COLLECTIVE AND CERTIFICATION MARKS
Article 51. Applicable procedure The provisions relating to common marks shall apply to collective marks and certification.
Any application, request, communication or notice relating to a co llective or certification mark shall indicate the type of mark in question.
Article 56 of the La w sh all apply to cases where registration of a certification mark has expire d without renewal or has been cancelled at the owner’s request.
Article 52.- Amendment of the regulations for employment or use
Requests to enter an a mendment to the regulations for employment or use of a collective mark or the regulations for use of a certification mark shall co mply with the provisions of Article 45 of the Law and shall contain at least the following elements:
1. Particulars of the applicant(s), owner(s), representative or agent, as appropriate;
2. The application(s) or registration(s) concerned;
3. An indication of the amendment(s);
4. A description of the attached documents;
5. Place of service;
6. Name and signature of the applicant.
Requests shall be accompanied by proof of payment of the prescribed fee.
Amendments to the regulations for use of a certifi cation mark shall be approve d beforehand by the administrative authority referred to in Article 52 of the Law. T he provisions of Article 3 9 of t hese Regulations shall apply to requests for recordal of amendments.
EXPRESSIONS OR SIGNS OF COMMERCIAL ADVERTISING, TRADE NAMES, EMBLEMS AND SIGNS
CHAPTER VIII
REGISTRATION OF EXPRESSIONS OR SIGNS OF COMMERCIAL ADVERTISING
Article 53. Application of provisions on marks The provisions relating t o marks shal l apply to e xpressions or signs of co mmercial ad vertising, barring the provisions of this Chapter.
Article 54. Applications for registration
Applications for the registration of an expression or sign of commerci al a dvertising and notice o f publication shall comply with the provisions of Arti cles 57, 58 and 59 of the Law and shall contain at least the following elements:
1. Particulars of the applicant(s), representative or agent, as appropriate;
2. A reproduction of the expression or sign of commercial advertising;
3. Use of the expression or sign of commercial advertising;
4. Abandonments or limitations;
5. A description of the attached documents;
6. Place of service;
7. Name and signature of the applicant.
Article 55. Content of the registration application and the notice of publication
The registration application and the notice of public ation shall indicate the goods, services, activities, firms, establishments or commercial premises, as appropriate, in respect of which the expression or sign of commercial advertising is to be used.
Where an expression or s ign of co mmercial adve rtising has given rise to an application for o r registration of a mark abroad, the corresponding right of priority and, as appropriate, the right referred to in Article 3(2) of these Regulations may be claimed to apply for registration of a mark.
The certificate of registration of an expression or sign of commercial advertising shall contain at leas t the following elements:
1. Registration number;
2. Date of grant of registration;
3. Date of expiry;
4. Particulars of the owner, representative or agent, as the case may be;
5. Number of the registration application;
6. Date of the registration application;
7. Date of publication of the registration application;
8. A reproduction of the expression or sign of commercial advertising;
9. Abandonments and withdrawals;
10. A description of use;
11. Date of issue of the certificate;
12. Signature, stamp and legal stamps.
CHAPTER IX REGISTRATION OF TRADE NAMES AND EMBLEMS
Article 56. Application of provisions concerning marks The provisions concerning marks shall apply to trade names, tags and emblems, barring the provisions of this Chapter.
Article 57. Registration applications
Registration applications for trade names or em blems and notice of publication of ap plications shall comply with the provisions of Article 64 of the Law and shall contain at least the following elements:
1. Application number;
2. Date of filing;
3. Particulars of the applicant, representative or agent, as appropriate;
4. A reproduction of the trade name or emblem;
5. An indication of reservations;
6. Place and date of issuance;
7. Name of the official authorizing publication.
Registration applications and notices of publication shall indicate the date from which the trade name, sign or emblem has been used in trade. They shall also indicate the applicant’s area of activity and, as appropriate, t he place in the countr y w here the fir m conducts its activities wi th the nam e, tag or emblem or the place in which the commercial establishments or premises which use them are located.
With regard to the application to the trade names of the procedures used for marks, the corresponding procedure shall be observ ed. Likewise, the pro cedure for requesting the invali dation or cancellation of a trade name shall be the one used to request the invalidation or annulment of a mark.
CHAPTER X GEOGRAPHICAL INDICATIONS
Article 58. Registration of appellations of origin The corresponding provisions relating to marks shall apply to the registration and other pro cedures relating to appellations of origin, barring the provisions of this Chapter.
At the request of the interested party , the regist ration of an y fa ctory or trad e mark for wine that contains or consists of a geographical indication identifying wines, or spirits that contain or consist of a geographical indication identifying spirits, shall be refused or invalidated for wines or spiri ts which do not have that origin.
Article 59. Formalities for registration of appellations
Applications for the registration of appel lations of origin shall comply with the provisions of Articles 71, 74 and 75 of the Law and shall contain at least the following elements:
1. Particulars of the applicant, representative or agent, as appropriate;
2. An indication of the appellation of origin to be registered;
3. An indication of the geographical area;
4. Goods to which the appellation of origin applies;
5. A brief description of the qualities or characteristics of the goods;
6. Abandonments or limitations;
7. Place of service;
8. Name and signature of the applicant.
Article 60. Requirements for notices of publication
Notices of publication of registration applications for appellations of origin shal l contain at least th e following elements:
1. Application number;
2. Date of filing;
3. Particulars of the applicant, representative or agent, as appropriate;
4. Appellation of origin;
5. A translation of the appellation of origin;
6. Geographical area of production;
7. Goods to which the appellation of origin applies;
8. Place and date of issuance of the notice;
9. Name and signature of the official authorizing publication.
Article 61. Requirements for notice of grant
Notice of grant of registration for appellations of origin shall contain at least the following elements:
1. Registration number;
2. Particulars of the owner, representative or agent, as appropriate;
3. Date of grant of registration;
4. Appellation of origin;
5. A translation of the appellation of origin;
6. Geographical area of production;
7. Goods to which the appellation of origin applies;
8. Place and date of issuance of the notice;
9. Name and signature of the official authorizing publication.
Article 62. Requirements for proof of registration
Proof of registration of an appellation shall contain at least the following elements:
1. Registration number;
2. Date of grant of registration;
3. Registration application number;
4. Date of publication of the registration application;
5. A translation of the appellation of origin;
6. Country of origin;
7. Delimited geographical area of production;
8. Goods to which the appellation of origin applies;
9. A brief description of the qualities or characteristics of the goods;
10. Abandonment or limitation relating to the use of the appellation of origin;
11. Abandonments or limitations relating to the goods;
12. Particulars of the owner, legal representative or agent, as appropriate;
13. Place and date of issuance;
14. Name and signature of the official authorizing the issuance of proof.
Where registration of a foreign appellation of origi n is applied for, the applicati on shall indicate the corresponding legal basis pursuant to Article 71(2) of the Law.
Article 63.- Amendment of registration of an appellation
Requests for the recordal of an a mendment to the registration of a n appellation of origin shall comply with the provisions of Article 76 of the Law.
Amendment of the registration of an appellation of origin shall be announced through publication of a notice in La Gaceta, the Official Journal. The notice shall contain at least the following elements:
1. Particulars of the owner, representative or agent, as appropriate;
2. Registration number;
3. Appellation of origin;
4. A brief description of the amendments made;
5. Place and date of issuance;
6. Name and signature of the authorizing official.
COMMON STANDARDS CHAPTER XI
PROCEDURES
Article 64. Powers of attorney Powers of attorney shall be presented in accordance with Article 9(3) of the Law.
Article 65. Communication with the Registry
Any application, request, communication or document addressed to the Intellectu al Property Registry may be sent by mail or special courier service. In such cases, the date and time of filing shall be those of the receipt of the sending by the Intellectual Property Registry.
Likewise, the Intellectual Propert y Registry m ay allow, in forming users by m eans of a communication, the fili ng of an applic ation, request, communication or document with the Registry by facsimile, e-mail or any other form of modern communication. The date and time of filing shall be those of recei pt of the trans mission, provided that the original of the application, comm unication or document reaches the Registry within one month following receipt of the transmission.
If the original arrives after that date, it shall be considered to have been filed on the date on which it is received.
Article 66. Proof of filing
Any person who files with the Intellectual Propert y Registry an application, request, co mmunication or docum ent shall be entitled to recei ve proof of filing. The duplicate or receipt of filing dul y stamped by the Registry shall constitute proof of filing of the application, request, co mmunication or document.
At the applicant’ s request, the Intellectual Property Registry shall issue certifi cation or a receipt of filing for any application, request, communication or document filed. The certification or receipt shall indicate the date of filing and shall be signed by the Secretary. In case of an application, the number
shall be indicated, if it has already been assigned, and a copy of the application with the gr ounds for filing signed by the Secretary shall be attached.
In case of c ommunications or docum ents sent by fax or e- mail, the Secreta ry shall acknowledge receipt by the same means, without prejudice to the sending of the corresponding receipt of f iling or certification at the request of the interested party.
Article 67. Service
The rulings and decisions issued by the Intellect ual Propert y Registry shal l be not ified to the interested parties personally, b y means of a certificate, through a note that may be sent by registered mail to the address indicated, or by any other means stipulated in the nationa l legislation, with the term to begin, unless expressly provided otherwise, from the working day following the date on which the interested party receives the notification.
Article 68. Signature of communications
Applications, requests or communications addressed to the Intellectual Property Registry shall be filed signed by the interested party, his representative or the designated agent, indicating together with the signature the name of the signatory in block letters.
Where the Intellectual Property Registry allows the transmission of applications or communications to it by e-mail or another elec tronic means, the document shall be deemed to be signed if the Registry is able to identify the sender.
The signatur e contained in an applic ation, requ est, comm unication, power of attorne y or other document filed with the Intellectual Property Registry shall not require certification by a notary.
Article 69. Proof of veracity
The Intellect ual Property Registry and any other authority resp onsible for d eciding an y procedure which originates with the Registry may at an y time require the s ubmission of documents or proof, including authenticated or legalized in struments, if there is reason to doubt the veracity of any document submitted under that procedure or any of the information or indications contained therein.
Article 70. Abandonment of management
The applicable ti me limit for abandonment to take effect shall be eight months, in accordance with Article 397 of the Code of Civil Procedure.
The other provisions of Title XV of Book I of the C ode of Civil Procedure, Lapse, shall apply, as appropriate.
Article 71. Withdrawal
Any person who has filed an applicatio n, request, opposition or other appeal may withdraw it at an y stage of the proceedings, in which case the provisions of Article 17 of the Law shall apply.
The withdrawal of an opposition shall not prevent the Intellectual Property Registry from applying ex officio the provisions of the Law as appropriate. However, the provisions of Article 18(1) of the Law shall apply to the withdrawal.
CHAPTER XII ACTIONS AND APPEALS
Article 72. Appeals In accordance with Article 89 of the Law, a remedy of appeal may be lodged against decisions issued by the Intellectual Property Registr y. Such remedies shall be lodged with t he Registry within three days following the date of service of the decision issued by the Registry. The Registry shall accept or reject the appeal. If the Registry accepts the app eal, it shall summon the parties to appear be fore the Minister of Industrial Development and Trade within three days, in exercise of its powers. Once the parties have appeared before the Minister, co mmunications shall be exchanged to express and rebut grievances. Once this has been done, the corresponding decision or ruling shall be issued, without having to resort to the pr ocedure of final judgm ent summons. Appeals provid ed for under national legislation may be lodged against decisions o r rulings issued b y the Minister of Industrial Development and Trade. Likewise, the provisions for appeal contained i n the Code of Civil Procedure shall apply, as appropriate.
There shall be no appeal against purely procedural orders, barring that of liability.
Natural persons or legal entities of Nicaraguan natio nality may claim for their benefit the applicatio n of the pr ovisions contained in the international intellectual property treaties to which Nicaragua is a party, in any cases where the said provisions are more favorable than the standards est ablished in the Law or these Regulations.
Article 73. Limitation of criminal proceedings
The criminal proceedings r eferred to in Article 103(2) of the Law shall be statute-barred four years after the offense has been committed for the last time or from the time the affected party was aware of it, with the time limit that expires first being applied.
Article 74. Domain name cancellation
When a distinctive sign h as been unlawfully registered in the country as part of a dom ain name or an e-mail address of an unaut horized third party, the provisions of Ar ticles 84 and 85 of t he Law shall apply, provided that there is a risk of confusion among public consumers.
Article 75. Liability of the Registrar, officials and employees of the Registry
If the Registrar fails to decide within the time li mits stipulated in the Law or these Regula tions, the interested party may lodge an oral or written co mplaint with the higher authorit y, to the effect that it should apply to the Registrar the disciplinary measures determined by the said authorit y, which shall consist of a private or p ublic warning or a fine of not more than 20 0 córd obas. In an y event, the Registrar may justify the delay giving his reasons, which the foregoing authority may accept or reject.
Neither the Registrar nor the officials or e mployees of the Intellectual Property Registry may take relevant steps on their own or through an intermediary.
CHAPTER XIII REGISTERS AND PUBLICITY
Article 76.- Correction of material errors The Intellectual Property Registry may correct on its own, under its responsibility or at the request of a party , an y omissions or material errors in th e re gistry files, where the docu ments on which the respective entry is based are still to be found in the Registry’s offices.
A material error shall be deemed to have occurred, inter alia, when words have been written in place of others, or where there is a mistake in proper names, company names or quantities.
Article 77. Submission of corrected documents
If the Registrar notes the material error or om ission after the documents or titles have been delivered to the interested party, he may only proceed to make the correction after he has ordered the interested party to produce the documents or titles and has checked that the same have n ot been altered in any way.
Where the correction is made with a view to correc ting an error committed by the Registry, this shall be done by means of a new entry or margin note, at no cost to the interested party.
Article 78. Archive of powers of attorney
The Intellect ual Property Registry shall set up an archive of powers of at torney, which shall be updated at least every five years, in which it shall keep originals of powers of attorney or notarized photocopies of the sam e, for the pur poses of the procedures contained in the Law or these Regulations, including the filing of oppositions.
The Intellectual Property Registry shall assign a number to each power of attorney, to which the agent or proxy shall refer in any steps in which he invo kes the corresponding power of attorney, without it being necessary to attach a copy of the same.
Article 79. Return of documents
Requests for the return of documents in accordance with Article 142(2) of the Law shall be made in writing, with a precise indication of the docum ent in question and the number of the file in which the document is to be found, as appropriate. The return of the documen t may also be requested in the application, request, opposition, etc., provided that it is accompanied by a photocopy of the same for inclusion in the court orders.
The provisions of Article 92 of the Law shall apply to requests for the return of documents.
Article 80. Publicity for applications and registrations
Registrations shall be publicized by means of consultation, the issuance of plain or certified copies or photocopies, and proof or certification issued by the Intellectual Property Registrar. This may also be effected by means of computerized lists and through on-line access via elect ronic means, in the form determined by the Intellectual Property Registry.
Files on intellectual property applications and registrations may be consulted during the normal office hours of the Intellectual Property Registry, at the place and in the amounts that the Registrar stipulates for these purposes, taking the necessary steps to ensure that this does not affect the daily work.
Files process ed shall be kept by the Intellectual Pr operty Registry for a period of ten years, afte r which they shall be destroyed, with a record being kept of their destruction. The Registry shall see to it that it keeps accurate and timely information on the same in its respective databases.
CHAPTER XIV REGISTRY BOOKS
Article 81. Books to be kept by the Intellectual Property Registry Without prejudice to the use of electronic means of data storage, books shall be kept in the Intellectual Property Registry consisting of at least the following:
(1) Book of filings;
(2) Book for recording marks:
(3) Book for recording trade names, emblems and signs;
(4) Book for recording expressions or signs of advertising;
(5) Book of appellations of origin;
6) Book of models;
(7) Book of decisions;
(8) Book of restraint orders;
(9) Book of permits;
(10) Book for recording patents for inventions and utility models;
(11) Book for recording industrial designs;
(12) Book for recording plant varieties;
(13) Book for recording integrated circuits;
(14) Book for recording rights relating to satellite program-bearing signals;
(15) Book for recording copyright and related rights;
(16) Registration index book.
The foregoing books shall be kept without prejudice to other books deem ed necessary, in accordance with other relevant laws an d the development of th e computerized system adopted by the Intellectual Property Registry.
Article 82. Characteristics of the books
The books r eferred to in Article 81 of these Reg ulations shall be provided by the Ministry of Industrial Development and Trade. T he jackets shall bear a tag showing t he name of the book an d shall be opened, numbered and closed b y the Registrar, who shall specify in the opening note, which shall appear on the first p age, the number of sheets of which the book consists and the fact that the y are all duly numbered, stamped and not stained, written on or unused, and, at the tim e of closure, the number of sheets used during the corresponding period. Once books have been finished, th ey may be duly bound, if this was not previously the case.
Article 83. Numbering of books
The books of the Intellectual Property Registry shall be numbered in chronological order, and various books may be kept simultaneously for a given class where the workload so warrants.
Article 84. Pages of books
In the books for recording marks, trade names, emblems, tags and expressions or signs of advertising, the front of the page shall be used f or the co rresponding entr y and t he ba ck shall be used for annotations, as need be. This page shall contai n the necessary blank spaces t o enter the renewals, transfers, licenses for use, restraint orders and other acts r elating to the corresponding m ark, trade name, expression or signal of advertising.
Once there is no m ore room left in the margin fo r notes, an i ndicative note shall be m ade of the volume and page of the book of permits where th e notes are continued on a sheet containing the annotations corresponding to each m ark, trade name, em blem, tag, expression or sign of a dvertising providing the grounds for the permit.
Article 85. Entry numbers
Each entry s hall display at the begi nning the corresponding number in t he respective boo k and shall not leave any blank lines or spaces, so as to preclude any insertions.
Any corrections, insertions between the lines or any ot her material errors made in the books of the Intellectual Property Registry shall be f ully rectified before signing by the Registrar, with an absolute prohibition on erasures or crossings-out.
Article 86. Book of filings
The book of filings shall contain entries on all ap plications made to register a mark, trade name, expressions or signs of advertising, in accordance with the provisions of Article 11 of the Law.
Article 87. Content of entries for marks
Entries for marks shall be m ade in the corresponding book and shall contain the inf ormation mentioned in Article 30 of these Regulations.
Article 88. Content of entries for trade names, emblems and tags
Entries for trade names, emblems and tags shall be made in the corresponding book and shall contain the following information:
(1) Number corresponding to the entry;
(2) Place and date of the entry;
(3) Name, company name or denom ination of the owner of the trade nam e, his nationality and other particulars, or those of his agent, as appropriate;
(4) A brief description of the trade name and its country of origin;
(5) Commercial or industrial area of the firm or establishment identified by the trade name;
(6) Any reservations made, as appropriate;
(7) Place an d date of the decision ordering the entr y and the date and num ber of the Official Journal in which the corresponding notice was published;
(8) An indication of whether or not there are any oppositions;
(9) Number of the volume and page of the book of models containing the model corresponding to the trade name, as appropriate; and
(10) The stamp and handwritten signature of the Registrar or Deputy Registrar and Secretary.
Each entry may only contain a single trade name, emblem or sign.
Article 89. Content of the entry for expressions or signs of advertising
Entries for expressions or signs of advertising shall be made in the corresponding book and shall contain the following information:
(1) Number corresponding to the entry;
(2) Place and date of entry;
(3) Name, company name or denom ination of the ow ner of the expression or sign of advertising, his nationality and other particulars; those of his agent or legal representative, as appropriate;
(4) A precise description of the expression or sign of advertising and country of origin of the same;
(5) Any re servations made with regard to the size, color or series of c olors or other signs characterizing the expression or sign of advertising;
(6) Place and date of the decision ordering the entry, date and number of the Official Journal in which the corresponding notice was published;
(7) An indication of whether or not there was any opposition;
(8) Num ber of the vol ume and page of the bo ok of m odels containin g the correspondi ng sign or expression of advertising, as appropriate;
(9) The stamp and handwritten signature of the Registrar or Deputy Registrar and Secretary.
Each entry may only contain a single expression or sign of advertising.
Article 90. Content of the entry for appellations of origin
Entries for appellations of origin shall be m ade in the correspo nding bo ok and shall co ntain the following information:
(1) Number corresponding to the entry;
(2) Place and date of the entry;
(3) Name, company name or denomination of the owner(s) of the appellation of origin and the place where his/their production, preparation or manufacturing establishments are located;
(4) A precise description of the appellation of origin;
(5) Geograp hical area of prod uction, preparation o r manufacturing of the g ood designate d b y th e appellation of origin;
(6) The goods designated by the appellation of origin;
(7) A brief description of the es sential features or characteristics of the goods designated by t he appellation of origin;
(8) Place and date of the decision ordering the entry, and the date and num ber of the Official Journal in which the corresponding notice was published;
(9) An indication of whether or not there were any oppositions;
(10) Num ber of the volu me and page of the book of models containing the model corresponding t o the trade name, as appropriate; and
(11) The stamp and handwritten signature of the Registrar or Deputy Registrar and Secretary.
Article 91. Book of models
The book of models shall have the necessary dimensions and features to affix or stick to each one o f its pages a model of ea ch mark, trad e na me, e mblem, tag, expression or si gnal of advertising or appellation of origin, which shall be duly classified in accordance with Articles 93 and 94 of the Law. In addition, the model shall be affixed or stuck to the same page as the entry for the mark, trade name or expression or sign of advertising.
Article 92. Correspondence between the model and entry number for the distinctive sign
Each model affixed or stuck to either the book of models or the book of entries shall correspond to the same entry num ber for the mark, trade na me, e mblem, sign, ex pression or s ign of advertising or appellation of origin that it represents.
Article 93. Features of models
Models shall be printed and of a size that meets the requirements of Article 8 of these Regulations, so that their details may be clearly evaluated.
The Registry shall not accept models in relief, even if the corresponding mark or distinctive sign contains such relief; m odels that could in any other way damage the bo ok to which they are to be affixed; models in pencil; or models that do not faithfully and clearly represent the mark, trade name, or expression or sign of advertising.
Where reservations are made as to colors, the model shall necessarily show them as they appear in the mark, trade name, or expression or sign of advertising.
One of the m odels shall be affixed to the correspon ding book of models or b ook of entrie s; another shall be affixed to the respective certifi cation of registration; and yet another shall be affixed to each proof issued.
Article 94. Information for entering the model
Where the model is affixed or stuck to the book of models, an indication shall be given of the book, volume and page bearing the mark, tra de name, expression or sign of advertis ing, entry number and its corresponding classifications.
Article 95. Book of decisions
The book of decisions shall contain a chronological list of final decisions issued by the Registrar.
Article 96. Content of entries for decisions
Entries shall contain the full text of the decision, bearing the handwritten signature of the Registrar or Secretary.
Article 97. Book of restraining orders
This Book shall contain entries on the following:
(1) Requests for rulings, i nvalidation of an entry or ownership, claim or license for use of a mark or other distinctive sign;
(2) Liens on a mark or other distinctive signs;
(3) In such cases, the Reg istrar shall insert in the margin of the corresponding e ntry an indication of the volume and page in the book of restraining orders where the order is to be found.
Once the restraining order s have been applied, the corresponding certification may be issued at th e cost of the interested party.
Article 98. Effects of restraining orders
Restraining orders covering the cases provided for in Article 97 of these Regulations shall nullify any transfer aft er the order and shall remain in e ffect until cancellation is ordered by decision or enforcement order of the competent authority.
Article 99. Note concerning transfer of various marks or other distinctive signs
Where various marks or other distinct ive signs ar e transferred by m eans of a single instrument, a separate margin note shall be made for each of them.
Article 100. Allocation to an earlier entry
If an entry remains that in any way affects an earlier one, a note shall be inserted in the corresponding margin giving brief details of the transfer, license for use, cancellation of the registered right or act in question, with an indication of the volume, number and page of the new entry.
Article 101. Content of the other books of entries
Entries for the other rights shall be made in th e corresponding books and shall contain at least the following data:
(1) Number corresponding to the entry;
(2) Place and date of entry;
(3) Name, trade name or denomination of the owner of the mark, his nationality, other particulars, or those of his agent or legal representative, as appropriate;
(4) A precise description of the corresponding right;
(5) Place and date of the decision ordering the entry; and the date and number of the Official Journal in which the corresponding notice was published;
(6) An indication of whether or not there were any oppositions; and
(7) Handwritten signature of the Registrar or Deputy Registrar and Secretary.
Each entry may cover only a single right.
Article 102. Preparation of the Manual and forms
The Intellectual Property Registry shall be em powered to prepare the Manual f or procedures and the respective forms to speed up processing in the Regi stry that help to facilitat e the application of the Law and these Regulations.
Article 103. Publication of classifications
The International Classific ation of Goods and Serv ices for the R egistration of Marks est ablished by the 1957 Nice Agreement and the Classification of the Figurative Elem ents of Marks established by the 1973 Vienna Agreem ent referred to in Articles 93 and 9 4 of t he Law shall be publishe d in La Gaceta (Official Journal) at the latest 180 days following the entry into force of these Regulations.
Article 104. Entry into force
These Regulations shall enter into force at the time of its publication in La Gaceta (Official Journal).
Done in the city of Mana gua at the Pr esidential Residence on September 4, 2001. ARNOLDO ALEMÁN LACAYO, PRESIDENT OF THE REPUBLIC OF NICARAGUA.
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