Trademark Registration in Dominican Republic

Trademark registration in Dominican Republic is governed by Industrial Property Law 20-00 and its Regulations.

A trademark in the Dominican Republic is defined as any sign or combination of signs that may be graphically symbolized and are suitable to distinguish the products or services of a business from those of others.

Although the registration of trademarks is not mandatory in the Dominican Republic, there are many benefits derived from registering your trademark including: increasing the value of your commercial assets, preventing others from commercializing similar or identical products with the same trademark, ensuring your right to use the trademark, using the trademark as a marketing tool, and engaging in license or franchise agreements.

A registered Dominican trademark grants its owner the right to use the trademark for 10 years, renewable indefinitely.

The National Office of Industrial Property (“ONAPI” for its Spanish acronym) is responsible for managing the trademark registration processes and, in general, of all processes contemplated under Law 20-00 of Industrial Property and its Regulation 599-01, as amended. In this sense, ONAPI will be in charge of reviewing the application to ensure that minimum filing requirements have been met.

Registration Process: The registration of a trademark begins with filing the Trademark Application before ONAPI, including the following information: trademark to be protected and goods and services to be protected pursuant to the International Nice Classification of Goods and Services, applicant’s name and address and digital printable version of the trademark design, if applicable. In cases in which the applicant is a foreigner non-resident in the Dominican Republic, a proxy duly notarized and apostilled is required. All documents shall be filed in Spanish language or translated by a Dominican Republic legal interpreter.

Following administrative approval of the Trademark Application, the same will be published in the Official Gazette and subject to a 45 day period in which any third party may file opposition to such registration. When no opposition is made, ONAPI shall issue the Trademark Registration Certificate.

Time: Registration Process takes approximately 3 months.

ONAPI Fees: Government fees vary depending on the type of trademark and the number of Classes in which the same will be registered.

Our IP Professionals can assist you with trademark registration, renewal and related processes in the Dominican Republic.

ABOUT THE AUTHOR: Dr. Felipe Isa Castillo is a Partner, Head of International Business, Foreign Investment & Real Estate at ACLAW, a law Firm in the Dominican Republic. He specializes in international business, foreign investment and real estate law (International Legal Studies LLM in Georgetown University Law Center & Masters in International Business in Universidad Pompeu Fabra in Spain) with more than 20 years of experience in International Business and Trademarks, Foreign Investment, Free Trade Zones and Cross Border Real Estate practice. Dr. Felipe Castillo is also a Certified Bankruptcy Conciliator and Liquidator and Legal Interpreter.

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Disclaimer: This publication is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. For specific technical or legal advice on the information provided and related topics, please contact the author.