Puerto Rico
Puerto Rico Trademark Registration
Our Trademark Attorneys in Puerto Rico will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:
Step 1
Trademark Comprehensive StudyA report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your trademark in Puerto Rico. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.
Step 2
Trademark Registration RequestThe filing and processing of the Trademark Registration Request before the Puerto Rican Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.
Step 3
Trademark Registration CertificateOnce your trademark is approved for registration, you will need to request the Trademark Registration Certificate.
The Trademark Registration Certificate provides proof of ownership of the trademark. This service also includes our Trademark Watch service for ten years. The Watch service detects any conflicting trademark applications and informs you of potential infringements, thereby giving you the opportunity to file an opposition.
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Is registration of a trademark mandatory?
Registration is not compulsory, but it is advisable.
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Which Intellectual Property rights are registrable?
Can be registered as a trade mark: drawings, symbols, words, names, letters, numbers, phrases, sounds, colors and shapes, among others. These can be used individually or combined to create a brand.
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Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?
No, trade names may be registered under the Commercial Names Act.
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Is there any advantage in using a trademark before filing an application?
Yes. The first person to use a mark has the ultimate right to such mark, even if another subsequently registers it.
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How long does the registration process take?
In the absence of objections and oppositions, the registration process takes approximately 15 to 20 months.
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Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?
Trademark registration can be acquired in two ways: 1) Register with date of use, if the mark is being used in the trade of Puerto Rico; 2) Undated record of use. If the mark is registered as undated use, because it has not been used in the trade of Puerto Rico, the mark must be used in Puerto Rico within five years following the date of registration, otherwise, the record will be vulnerable to cancellation for non-use. Records based on intention of use require a statement of use under oath, indicating that the use has been initiated within 5 years of the registration.
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In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?
Yes, they could be used separatley because one registration can protect both verbal and figuartive elements of a trademark.
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How can I know which is the due date for the renewal of a registered trademark?
The term/renewal date of a registration is 10 years from the registration date.
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When should I pay the renewal fee of my registered trademark?
A renewal must be filed during the twelve month period prior to the renewal date.
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Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?
It is not possible to renew once the renewal date has passed.
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What documents are required for filing a trademark or renewal application?
No documentation is required for renewal.
