Puerto Rico

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.

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