Dominican Republic (DO)
Latest News: Nov 19, 2019 (Newsletter Issue 16/19)
Accession to Lisbon Agreement
On October 17, 2019, WIPO notified the accession to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of October 31, 1958, as revised at Stockholm on July 14, 1967, and amended on September 28, 1979 ("Lisbon Agreement") by the Dominican Republic.
The said instrument contained the following declarations:
- that for the purposes of the application of the Lisbon Agreement in the Dominican Republic, "… the applicable guiding principle shall be that priority for the national registration of a prior trademark shall confer rights enforceable against the application for registration of a subsequent Appellation of International Origin using the same trademark. Similarly, terms that have become generic may not be eligible for registration as Appellations of International Origin under the Lisbon Agreement; and
- likewise, Appellations of International Origin composed of compound terms for which registration is sought under the Lisbon Agreement may be registered either in their entirety, or registration may be granted for only one term, having due regard to the prior existence of similar terms in the national register…".
The said Agreement will enter into force, with respect to the Republic of Albania, January 17, 2020.
Source: www.wipo.int
Jun 20, 2019 (Newsletter Issue 8/19)Increase of Official FeesThe National Industrial Property Office of the Dominican Republic has announced an increase in their official fees in relation to patents, designs, utility models and trademarks. The new fees were formally announced upon the publication of the March Official Gazette and entered into force as of May 2, 2019.
The new official fee for filing a trademark application is now DOP 5,445 for one class and DOP 4,111 for each additional class. The publication fee is DOP 2,300 for one class and DOP 1,150 for each additional class.
Source: Bermeo & Bermeo - Latin America IP, Ecuador Legal basis is the Industrial Property Law 20-00 of May 8th, 2000, modified by the Law 424-06 of November 20, 2006.
Trademark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, sounds and smells and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, trade names and titles of establishment.
The application is filed at the trademark department of the “Oficina Nacional de la Propiedad Industrial (ONAPI)”.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney simply signed is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, examination of inherent registrability (absolut grounds), examination of availability for registration (relative grounds).
The processing time from first filing approval for publication or first office action is approx. 1 month.
After the approval for publication, the trademark is published in a nationwide journal.
National:
The opposition period is 45 days from publication date of the trademark.
A trademark registration is valid for 10 years. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark. The mark remains in full force during the grace period.
Further practical details are available in our publication on this topic
hereA registered trademark may be cancelled at the request of any interested party if it has not been used within the country during 3 consecutive years prior to the cancellation request, which cannot be filed within the first 3 years of registration.
Further practical details are available in our publication on this topic
hereThe official fee for filing a trademark application is DOP 5,445 for one class and DOP 4,111 for each additional class. The publication fee is DOP 2,300 for one class and DOP 1,150 for each additional class. There is no registration fee.
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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic
here.
Jul 24, 2019
Jorge Mera & Villegas, Santo Domingo, Dominican Republic
Feb 17, 2017
Bermeo & Bermeo - Latin America IP, Quito, Ecuador
Mai 29, 2013
IP Law Firm DR, Santo Domingo, Dominican Republic
Nov 18, 2010
Moeller IP Advisors, Buenos Aires, Argentina