13
Nov

The institution responsible for the Registration of Trademarks in the Dominican Republic, is the National Office of Industrial Property (known in Spanish as ONAPI). This office manages everything related to the concession, maintenance and validity of the different types of Industrial Property (Patents for Invention, Utility Models, Registration of Industrial Designs and Distinctive Signs).

The trademarks can be: 

Word mark: One or more words with or without idiomatic meaning, combination of letters, and / or number. They may include elements such as names of people, letters, numbers and words.

Figurative mark: Labels with figures, images, color combinations, symbols or drawings. The label presented by the applicant is essential for the processing of the trademark; therefore, it must represent what you would like to register.

Combined mark: They are the result of the combination of a word mark and a figurative mark. In most cases, they are combinations of words and designs or logos.

Three-dimensional mark: As the name implies, it consists of a three-dimensional form, such as the design of a package, packaging, or even the shape of a product (as long as it is possible to distinguish it from others of the same type).

Sound mark: A sound mark is a sound with which a particular business origin can be distinguished.

Olfactory mark: These are the marks constituted by smells, aromas or fragrances, which must be so characteristic and distinctive that they cannot be confused or associated with others.

Collective mark: A brand whose owner is a collective entity that groups people authorized to use the brand.

Certification mark: This is a trademark applied to products or third party services. The features or quality of those products or services has been certified by the holder of the mark.

The steps for Trademark Registration in the Dominican Republic are as follows

1- Identify which products and services (classification) you would like to protect.

You may find them here: Brand Classification

2- Complete the application and process the payment for the application, which varies according to the type and classification that will be selected.

3- To submit a trademark application, you must have identity documents, either as an individual or as a legal entity.

4- Individual: Identity Card (Cedula) or Passport, if you are a foreign national.

5- Artificial person (business or corporation): Commercial Registry.

Length of time for trademark registration

Brand registrations have two terms.

1. Application and approval: Fifteen (15) business days.
2. Publication: Forty-Five (45) business days.

Publications are made on the 15th of each month, regardless of the day in which the payment will be made. As a result, it can take 60 to 75 days in total. If the application is objected, it is possible to respond within thirty (30) days, which will restart deadlines.

Important factors to note

A) Trademarks are territorial, i.e., a registration made in the Dominican Republic, is only protected in that country; therefore, trademark registrations that you make outside the country are not recognized here.

B) Brands seek to protect products and services. If you select one of the trademark types listed above, you are designating a name and an image to represent one of the classifications.

C) The process can be carried out as a foreign national or a foreign company.

D) Legal representation is not required for the request; however, for a response to an objection, it is advised to work with a lawyer specializing in Intellectual Property Law.

E) You do not need to be in the Dominican Republic to submit the request, you can have a representative for such purposes. The best course of action is to process the application through a law firm specialized in the matter.