You will find here all the important information about filing trademarks, designs and patents.
In Puerto Rico, it is not possible to apply for design registration through a national application. Design protection is obtained through the USPTO. The protection of an industrial design afforded by any US patent extends to Puerto Rico. If you require more information, please do not hesitate to contact us.
- Contracting Party of The Paris Convention: NO.
- Contracting Party of The Madrid System: NO*.
*although can be used through the United States Federal System
Puerto Rico Trademark Act, in force since 14 February 1992, last amended by Act 169 on 16 December 2009 and further amended by Act 124–2011, which coexists with the Lanham Act.
Although part of the USA with special status, Puerto Rico has its own trademark law independent of the USA. It is therefore no longer possible to obtain a national trademark on the basis of an US registration.
Through the Puerto Rico Federal Relations Act the statutory laws of the United States have apply in Puerto Rico, unless they are locally inapplicable. Rights acquired under the Lanham Act are therefore valid and enforceable in Puerto Rico.
Nice classification, 13th edition.
Not possible.
Signs, such as words, names, acronyms, letters, numbers, devices, emblems, combinations or shades of colors, three-dimensional forms, sound marks, smell marks and any combination of the mentioned signs.
- Power of Attorney: Not necessary.
- Priority Claims are not possible.
- Indication of date of first use or intention of use.
- Absolute grounds for refusal: YES.
- Relative grounds for refusal: YES.
30 days from publication date.
Approximately 10-12 months unless any obstacles were raised.
10 years from the date of registration.
YES. Cancellation can be requested if the trademark has not been used for 5 years, counting from the registration date. Partial cancellation is not possible.
A Declaration of Use is required for all trademarks.
First deadline: A Declaration of Use must be filed in the third year from the filing/registration date, accompanied by a specimen. If the mark is not in use, a one-year extension may be requested; this applies only to intent-to-use applications.
Second deadline: A Declaration of Continued Use must be filed between the 5th and 6th years from the filing/registration date, with a specimen.
Third and subsequent deadlines: A Declaration of Continued Use and a Renewal must be filed between the 9th and 10th years from the filing/registration date, with a specimen. This requirement repeats every ten years thereafter.
1 year prior to renewal date.
6 months.
- Contracting Party of The Paris Convention: YES
- Contracting Party of The Patent Cooperation Treaty (PCT): NO.
Patent Law 17.164/2000.
- Patent of Invention.
- Utility Model.
NO.
- Power of Attorney merely signed (no legalization required) within 30 days from filing.
- Assignment document from the inventors merely signed (no legalization required) within a 180 working-day term from filing. Not required under certain circumstances.
- Certified copy of priority application within 180 days from filing. The translation of the priority application must be signed by a sworn registered local translator.
NO. Late submission of the Spanish translation is acceptable withina 30-day term provided that at least, Spanish translation of the claims and abstract and the first pages of the specification are submitted upon filing the application.
YES, within 120 days from publication.
NO.
YES, within 60 workingdays from publication.
YES, within 60 working days from publication.
8 years.
20 years from filing date.
10 years from filing date and could be renewed for 5 more years the same for Industrial Designs.
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 after grant.
NOT mandatory.
YES.