Puerto Rico Trademark Registration

For obtaining trademark protection in Puerto Rico you have two different choices: First choice: Requesting registration with the United States Trademark Office. To proceed with a trademark application in the United States Trademark Office click here. Please note that a Trademark can be registered with proven commercial use of the trademark in the United States. If use can not be proven, the trademark may be applied for with Intent to Use until proof of use can be provided prior to full registration. Second choice: Requesting your trademark directly with the Puerto Rico Trademark Office. For proceeding with this choice please follow the two steps described below. Note that a Trademark in Puerto Rico can only be registered with proven commercial use. If use can not be proven, you may apply for the trademark with Intent to Use until proof of use can be provided prior to full registration. To protect the usage of the trademark only in Puerto Rico, the trademark should be applied for in Puerto Rico.

Attorneys - Puerto Rico

Welcome:

My name is Eugenio Torres and I'm the representative Attorney in Puerto Rico.

I'll be personally in charge of your trademark registration process.

Your trademark registration will be processed in Puerto Rico through the following steps:

Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.

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Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.

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Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.

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Frequently Asked Questions

Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 24 months, if no objections or oppositions arise.
If I register my trademark in Puerto Rico, do I have protection in other territories?

The territorial limit of registration is Puerto Rico.
Do I need to sign a Power of Attorney?

A power of attorney is not required; however, the registry office may request for it during prosecution.
Are there any benefits from a pre-filing use of the trademark?
Pre-filing use is beneficial since it:
- may demonstrate acquired distinctiveness
- may help overcome an objection on the grounds of non-distinctiveness
- establishes ultimate rights to such mark
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 Puerto Rico?
- words
- names
- devices
- certain three-dimensional shapes
- colours
- slogans
- sounds
- smells
- trade dress/get-up
- holograms
- motion
- combination of symbols, logos, designs, forms, objects, or means
- collective marks
- certification marks
- service marks
What are the phases of application after a trademark has been filed in Puerto Rico?
The order of the application process is as follows:
1. Examination of the application in respect to:
  - formalities
  - classification
  - clarity
  - descriptiveness
  - distinctiveness
  - deceptiveness
  - conflict with prior registration
2. Publication of the application particulars:
  - mark
  - application date
  - application number
  - goods/services
  - name of applicant
  - state or country of incorporation of applicant
  - address of applicant
  - citizenship of applicant
  - representation of trademark
  - dates of first use
  - colours to be protected
  - specimen(s) of use
  - applicable international class
  - disclaimers
  - opposition details
  - assignment and publication details
  - amendments
  - representative's name and contact information
  - Spanish or English translation of components of the mark
3. Registration
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, or an imitation thereof
- non-distinctive marks
- surnames
- a mark that causes confusion as to the source of the goods or services
- a mark that is substantially similar to a famous or notorious mark in any country
- trade dress
- descriptive geographic names
- deceptive geographic terms
- descriptive terms
- a name, portrait or signature of a living individual unless consent is obtained
- surnames are not registrable unless the consent is obtained
- marks contrary to the law
Please contact Marcaria.com for a better explanation of marks that cannot be registered in Puerto Rico.
Does Puerto Rico use the "Nice Classification" system?

Puerto Rico uses the Nice Classification System.
Does the Community Trademark apply for Puerto Rico?

The Community Trade Mark (currently known as the European Union Trademark) registration is not effective in Puerto Rico.
Is there any possibility to claim priority in Puerto Rico?

There is no priority available in Puerto Rico.
What do I need to do to satisfy the use requirement?

The amount of use must be good faith use in local commerce.
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 application filing date or the registration date.
Is it legal to use my trademark even if it is not yet registered?

It is legal to use an unregistered mark for any goods or services.

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Puerto Rico Trademark Registration