Jul 09, 2020 (Newsletter Issue 11/20)New Online Services ImplementedThe Dominican Republic Intellectual property Office (ONAPI) has implemented new online services through its virtual platform which includes the following:
- Trademark renewals
- Multi-class trademark registration application
- Change of trademark agent
- Unification of all payments under one single payment
To access these new services, users will need to use the Online IP Registry Application System (E-SERPI).Source: www.onapi.gob.do 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, fancy names, names, pseudonyms, trade slogans, letters, numbers, monograms, figures, portraits, labels, shields, patterns, vignettes, borders, lines and bands, combinations and arrangements of colors, three-dimensional shapes, sounds and smells. They may also consist of the shape, presentation or conditioning of the products or their containers, packaging or wrappers, or of the means or premises of sale of the corresponding products or services.
Trademarks may also consist of national or foreign geographical indications, provided that they are sufficiently distinctive with respect to the products or services to which they are applied, and that their use is not likely to create confusion regarding the origin, provenance, qualities or characteristics of the products or services for which the marks are used.
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. If within a 45-day term from the publication date, third parties do not file opposition actions, the TMO proceeds with the granting of the certificate.
The entire process trademark registration, inasmuch as no office or opposition actions are filed is of 3 months, approximately.
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 consecutive periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is DOP 5,720 for one class and DOP 4,110 for each additional class. The publication fee for wordmarks is DOP 1,210 for one class and DOP 1,210 for each additional class. There is no fee for the issuance of the trademark certificate.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Nov 26, 2024
Castillo y Castillo Abogados, Santo Domingo, Dominican Republic
Nov 26, 2024
Minino Abogados, Santo Domingo, Dominican Republic