Trademark registration in Puerto Rico
Requirements to register a trademark in Puerto Rico:
- What is the Law and Regulation that regulate the registration of a trademark? The current law and regulations are Law No. 169-2009, as amended, and Regulation No. 8075. Both are available on the Trademark and Commercial Names Registration System platform.
- How long does a trademark registration last? Every trademark registration shall be valid for ten (10) years from the date of registration subject to compliance with applicable law and regulations.
- Does the Puerto Rico Trademark Registry also protect at the international level? No. The Puerto Rico Trademark Registry is a local registry.
- Do I have to file an annual report for the trademark? No. Trademarks do not file annual reports. However, the Trademark Law does require that different transactions be filed in order to keep the trademark registration active.
MAINTENANCE OF THE TRADEMARK
What are the steps to keep the trademark registration in Puerto Rico active?
To keep a trademark registration active you are required to file the following:
- Declaration of First Use - within the first three (3) years from the filing date if the application was filed with intent to use in Puerto Rico commerce (intended for future use). A one (1) year extension may be requested prior to the expiration of the term, provided just cause is shown.
- Declaration of Continuous Use - to be filed only once between the fifth (5th ) and sixth (6th ) year from the date of filing. If the term has elapsed, it may be filed within six (6) months after expiration, upon payment of the corresponding fees.
- Renewal and Declaration of Use - within the ninth (9th) and tenth (10th) year from the filing date. The registrant may renew the trademark registration within the year prior to the expiration date. This application must be filed with a Declaration of Use.
- Additional related transactions - these must be filed in a timely manner under the provisions of the applicable law and regulations.
GENERAL | TRADE NAMES
- What is the law on trade names? SM is used in service marks that are not registered but are already used in commerce MR is used in marks registered in the Puerto Rico Trademark Registry is used only in marks registered in the USPTO The law that regulates the registration of a trade name is Act No. 75 of September 23, 1992. The rules of procedure for the registration of trade names is Regulation No. 4873.
- What is a trade name? A sign or denomination that serves to identify a person in the exercise of its business activity and that distinguishes its activity from other identical or similar activities.
- Which trade names are not registrable? No trade name that is identical or similar to a trademark or other trade name already registered or applied for registration will be registered.
- What is required to file a trade name application? The application for the registration of a trade name is filed.
It must be accompanied by the following documents:
- An affidavit stating that to the best of your knowledge, no other person has the right to use said trade name in Puerto Rico.
- Evidence of use in commerce.
- Evidence that the person has applied for or obtained one of the following: o Municipal patent o Other licenses or permits such as, for example, use permit or merchant registration.
Does a trade name application have to be in use in commerce? No. A trade name may be filed on the basis of use in commerce when the applicant uses it on or before the filing date. A non-use application may also be filed when the trade name is not being used in commerce. In that case, the applicant must file a Declaration of First Use.
How long does a trade name registration last? All trade name registrations will be valid for ten (10) years subject to compliance with applicable law and regulations.
What are the benefits of registering a trade name?
The benefits are:
- Opportunity to capitalize the capital gain in the patrimony of a company.
- Recourse to the courts to request a judicial remedy in case of unfair competition.
MAINTENANCE OF THE TRADE NAME
What are the requirements to keep a trade name registration active? The following transactions must be submitted in order for the trade name registration to remain active:
- Declaration of First Use: in unused applications an affidavit of use is filed within the first five (5) years following the date (of filing) of the application.
- Renewal: the registrant may renew the trademark registration within the year prior to the expiration date.
You can start the registration of your brand in Puerto Rico without the need to register as a User, then our assistants will register your customer account, write to us through the consultation form.
Register and file your trademark application in Puerto Rico
