Legal basis is the Puerto Rico Trademark Act, in force since February 14th, 1992 last amended by Act 169 of December 16th, 2009 and further amended by Act 124-2011. Although Puerto Rico is part of the USA with special status, it has a trademark law independent of the USA. The former alternative of obtaining a Puerto Rico Trademark based on an US registration is no longer available.
Trademark registration classification:
Nice Classification
Requirements:
- Information about the applicant- applicant’s name, address, entity type, citizenship of the person or the jurisdiction which governs the organization of the specific entity.
- Name of the trade mark and one copy of the mark (unless mark is word only).
- class(es) and specification of goods and/or services .
- Date of first use in Puerto Rico, or if application should be based on “intent to use”
- A simple Power of Attorney is enough.
Procedure:
- A trademark application has to be filed before the Trademark Registry by a local agent.
- The application process includes a formal examination, an examination of distinctiveness, descriptiveness, deceptiveness, and a search for prior trademarks.
- After examination once the trademark is accepted it is published in the Official Gazette.
- The opposition period is 30 days from publication date of the application.
- It takes approximately 15-20 months from first filing to registration.
Duration and Renewal: A trademark registration is valid for 10 years from the date of registration, which dates back to the filing date and can be renewed for equal periods.