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Puerto Rico Trademark Registration

In Puerto Rico the Legal basis is the Trade Mark Law. Although Puerto Rico is part of the USA with special status, it has a trademark law independent of the USA. Trademark protection is obtained by registration in the case of marks that are not in use (intent-to-use applications) and by prior use in the case of marks that are in use in Puerto Rico. Secondary meaning can be obtained by proving use of the trademark in commerce for the last five years.

Requirements

A trademark application has to be filed before the Trademark Registry by a local agent. A simple Power of Attorney is enough. Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 15-20 months from first filing to registration. The opposition period is 30 days from publication date of the application.

Duration

A trademark registration in Puerto Rico is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

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INTELLECTUAL PROPERTY

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