Explanatory Note on the Protection of
Well-Known Trademarks in Central America, the Dominican Republic, Paraguay, and Ecuador

The protection of well-known trademarks is a fundamental element of contemporary intellectual property law. It plays a critical role in preventing consumer confusion and preserving the commercial goodwill and reputation associated with them. Such protection is enshrined in key international instruments, including the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). These international agreements oblige signatory states to implement enhanced legal safeguards for trademarks that are well-known, particularly when such marks face the risk of misappropriation or confusion across jurisdictions.

In Central American countries (Honduras, Guatemala, El Salvador, Nicaragua, Costa Rica, Panama) and the Dominican Republic, as well as in Paraguay and Ecuador, domestic trademark laws have largely incorporated these international standards. This includes special inter-class protection, mechanisms for asserting priority rights (in certain jurisdictions), and provisions to prevent the registration of confusingly similar signs.

Please find below and for your easiness and ready availability a COMPARATIVE TABLE on the Legal Protection of Well-Known Trademarks in Central America, the Dominican Republic, Paraguay, and Ecuador

Country

Inter-Class
Protection

Priority Right 

for Registration

Recognition of Well-Known 

Status

DR-CAFTA
Applicability

Paris Convention 

& TRIPS Compliance

Honduras

Yes

Not expressly provided

By administrative or
judicial decision

Yes

Yes

Guatemala

Yes

Not expressly provided

By administrative or
judicial decision

Yes

Yes

El Salvador

Yes

Not expressly provided

By administrative or
judicial decision

Yes

Yes

Nicaragua

Yes

Not expressly provided

By administrative or
judicial decision

Yes

Yes

Costa Rica*

Yes

Yes (under certain conditions)

Standalone administrative procedure available for recognition of Well-Known status

Yes

Yes

Panama

Yes

Yes

By administrative or Judicial decision

Yes

Yes

Dominican Republic

Yes

Yes

By administrative or judicial decision

Yes

Yes

Paraguay

Yes

Not expressly provided

By administrative or Judicial Decision

No

Yes

Ecuador*

Yes

Not expressly provided

Standalone administrative procedure available for recognition of Well-Known status

No

Yes

 *Please contact us for further information and procedures concerning the declaration of notoriety (well-known status in Costa-Rica and Panama.

 

This Explanatory Note contains accurate and up-to-date information but it is not intended to constitute legal advice. For specific legal queries or guidance, please contact ricardo.mejia@bufetemejia.com

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