LUMA PRODUCCIONES is a Costa Rican company dedicated to photography and audiovisual production services, which came to us with a clear need: to protect its trademark and consolidate its identity in the market. However, behind that objective was a deeply personal component, as the name “LUMA” originates from the combination of the first syllables of the founder’s children’s names.
In the field of intellectual property and industrial property, this type of trademark represents not only a commercial asset but also an emotional value that deserves legal protection. At TRADEMARES, we understood from the outset that this case involved much more than a simple trademark registration in Costa Rica.
The challenge arose when initiating the registration process. Despite the fact that the trademark met the distinctiveness requirements, we identified the prior existence of a trade name “LUMA”, registered in the Industrial Property Registry.
Unlike trademarks, trade names are not subject to the same periodic renewal regime every 10 years, which means they can remain in force indefinitely as long as their registration is not canceled in accordance with the law. In this particular case, the trade name belonged to a company that had already been dissolved, which created a complex situation: the registration existed, but lacked an active holder.
We initially attempted to have the Registry proceed with an ex officio cancellation, arguing the nonexistence of the holder. However, the authority was clear in its position: in accordance with the Law on Trademarks and Other Distinctive Signs No. 7978, the only appropriate avenue was cancellation for non-use.
Faced with this scenario, we designed a precise legal strategy aligned with international best practices promoted by the World Intellectual Property Organization (WIPO).
We formally initiated the cancellation for non-use proceeding against the trade name “LUMA,” which involved:
- Filing the action before the Industrial Property Registry
- Compliance with the evidentiary requirements mandated by the regulations
- Management of official publications in La Gaceta
- Monitoring of extensive procedural deadlines
This type of proceeding, while effective, requires rigorous technical management and strategic patience, as it depends on administrative timelines that tend to extend considerably.
Registering more than a name: protecting a story
In this case, the objective was not merely to obtain a registration, but to ensure comprehensive protection of an asset with commercial and emotional value.
- Combined trademark “LUMA PRODUCCIONES” (word + logo)
- Visual identity linked to audiovisual activity
- Commercial positioning in the creative sector
Protecting a trademark is, in many cases, protecting the story that gave it origin.
Result: consolidation of an intangible asset
After a process that extended for more than a year and a half—well above the usual average of four months for a trademark registration in Costa Rica—we achieved the cancellation of the trade name that was blocking the procedure.
As a result, the Certificate of Registration for the trademark LUMA PRODUCCIONES was finally obtained, granting our client exclusive rights over its use in the market.
Today, the company is in an expansion phase, strengthening its positioning in the audiovisual sector under a duly protected trademark within the industrial property system.
“Every trademark has a value that transcends the commercial; our work is to ensure that this value is legally protected.”
— Ainhoa Pallarés
What this case teaches
- Not all registration obstacles are evident
- The absence of an active holder does not automatically eliminate a registered right: legal action is necessary.
- Cancellation for non-use is a key tool, but it requires strategy and technical follow-up.
- Trademark registration in Costa Rica can vary significantly in timelines, depending on the legal contingencies involved.
Conclusion
The LUMA PRODUCCIONES case reflects how trademark registration in Costa Rica can become a strategic process that demands in-depth knowledge of the industrial property system, as well as precise technical execution.
At TRADEMARES, we accompany our clients not only in obtaining registrations, but in building and defending their most valuable assets within the intellectual property ecosystem, in accordance with international standards such as those promoted by WIPO.
If you are facing a similar challenge or wish to protect your trademark with solid legal support, we invite you to contact us and analyze your case with the rigor it deserves.