You will find here all the important information about filing trademarks, designs and patents.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Hague Agreement on Industrial Designs: NO.
Industrial Property Law Decree 12-99-E, effective as of January 2000.
1 year.
NO.
- Graphic or photographic reproduction of the industrial design, possible to submit more than one view (plan, profile, section), if three-dimensional; if two-dimensional for textiles, paper or another flat material, the reproduction may be replaced by a sample of the product incorporating the design.
- Designation of the products to which the design is to be applied to, with the class and subclass to which they belong.
- Assignment document from the inventor to the applicant duly notarized and legalized by the Apostille.
- Power of Attorney, duly notarized and legalized by the Apostille.
- Certified copy of the priority document (if applicable) – no legalization by the Apostille required.
- Views (top, bottom, right and left side, perspective, front and back of the industrial design).
- Precise indication of the kind or category of the products to which the design will be applied and the class and subclass of these products.
YES.
YES, by request of the applicant, any time prior to the publication order. The Office will defer publication for the time specified in the request, which may not exceed 12 months from the filing date of the application.
- Filing.
- Formal and Substantive examinations.
- Publication period.
- Opposition period.
- Decision.
- Certificate of registration.
YES within 30 days from the publication date.
6-8 months.
5 years from filing, plus 2 renewals terms of 5 years each.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Madrid System: NO.
Industrial Property Law (Decree 12-99-E of 2000).
Nice classification, 11th edition.
NO.
Words, names, pseudonyms, commercial slogans, shapes, portraits, letters, figures, monograms, labels, coats of arms, cotton prints, vignettes, fringes, lines, stripes, combinations and arrangements of colours. Sound and smell trademark are now accepted as a result of DR-CAFTA regulations.
- Power of Attorney duly notarised and legalised by the Apostille within 30 days from the official request.
- Certified copy of the priority application and its translation into Spanish within 30 days from the official request.
- Absolute grounds for refusal: YES.
- Relative grounds for refusal: YES.
30 working days counted from the day of the last publication.
Approximately 12-14 months, unless any obstacles were raised.
10 years from the date of registration.
YES. Cancellation can be requested if the trade mark has not been used for 3 years, counting from the registration date. Partial cancellation is possible. A Rehabilitation Tax can be paid, which protects the mark against cancellation petitions from third parties.
1 year prior to the renewal date.
6 months.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months.
IP Law 12/1999.
- Patent of Invention.
- Utility Model.
NO.
- Power of Attorney duly notarized and legalized within 30 days from office action.
- Assignment document from the inventors duly notarized and legalized within 60 days from office action.
- Certified copy of priority application within 60 days from office action (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).
NOT available.
NO.
NO.
YES, within 90 working days from publication.
YES, within 90 working days from publication.
4 years.
20 years from filing date.
10 years from filing date.
UM Suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.
Yearly, also during prosecution of the application.
NOT mandatory.
YES.