-
Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 3 months, if no objections or oppositions arise.
-
If I register my trademark in Dominican Republic, do I have protection in other territories?
The territorial limit of registration is Dominican Republic.
-
Do I need to sign a Power of Attorney?
A power of attorney is required.
-
Are there any benefits from a pre-filing use of the trademark?
- Use may demonstrate acquired distinctiveness
- Use may help overcome an objection on the ground of non-distinctiveness
-
Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
-
What are the types of trademark that can be registered in Dominican Republic?
- words
- names
- devices
- holograms
- smells
- certain three-dimensional shapes
- colors
- slogans
- sounds
- trade dress/get-up
- collective marks
- well-known marks
- certification marks
- service marks
-
What are the phases of application after a trademark has been filed in Dominican Republic?
The order of the application process is examination, publication, and registration.
- Applications are examined in respect of:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- determining whether absolute grounds for objection exist
- The following application details are made available to the public:
- mark
- name of applicant
- application number
- application date
- goods/services
- representation of trademark
-
What type of trademark is not registrable?
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions, or international organizations
- non-distinctive trademarks
- geographic location names
- merely descriptive terms
- terms that infringe copyright
- terms that are applied for in bad faith
- terms that are contrary to any existing local law
-
Does Dominican Republic use the "Nice Classification" system?
Dominican Republic uses the Nice Classification System.
-
Does the Community Trademark apply for Dominican Republic?
Dominican Republic is not a member of the European Union. Hence, the Community Trademark is not effective in this country.
-
Is there any possibility to claim priority in Dominican Republic?
- If the applicant’s home country is a member of the Paris Convention.
- If the home filing date is 6 months earlier than the filing date in Dominican Republic.
-
What do I need to do to satisfy the use requirement?
A trademark must be used within three years from the registration date. The amount of use must be on a commercial scale. Use of the trademark must occur in this jurisdiction.
-
Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the registration date.
-
What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the registration grant date.
-
Is it legal to use my trademark even if it is not yet registered?
It is illegal to use an unregistered mark for any of the following goods/services:
- toiletries
- pharmaceutical products
- tobacco products
- food and drink products
- industrial chemical products
- veterinary products
Note that Sanitary Permit certificate must be accompanied by a registered trademark certificate.