Trademark Registration in Puerto Rico

In Puerto Rico, rights arise from first and continuous use of the trademark in Puerto Rico. The person or company that first uses and keeps using the mark has the preferential rights.
However, registration is strongly recommended to:

• Be officially recognized as the registered owner.
• Prevent third parties from registering your mark or a similar one.
• Facilitate enforcement in trademark infringement cases.

Trademarks are registered through the local trademarks office of Puerto Rico (PRIPO – Departamento de Estado de Puerto Rico.

U.S. federal trademarks (USPTO registrations) are also valid and recognized in Puerto Rico. However, PRIPO does not consider U.S. registrations when examining local applications for prior rights, so a Puerto Rican application identical or similar to a U.S.-registered mark may still be accepted. For effective protection, a local Puerto Rico registration is highly advisable.

To register a trademark in Puerto Rico, you will generally need to provide:

• The name or logo you want to register
• The applicant’s details

No documents are necessary.

If any additional information or country-specific formalities apply, your iGERENT consultant will confirm the exact requirements and guide you through each step.

On average, the process to register a trademark in Puerto Rico takes around 8 months for straightforward applications. This is an estimated timeframe based on current processing times and may vary considerably depending on refusals, office actions, or oppositions.

After registration, a Puerto Rico trademark:

• Has a validity of 10 years from the application date.
• Can be renewed indefinitely for successive periods of 10 years.

The renewal can be requested:

• During the 12 months preceding the expiration date, or
• During a 6-month grace period after the expiration date, subject to additional late renewal fees.

In addition, declarations of use are required:

• If the mark was not in use at filing, the owner has 3 years from the filing date to file a declaration confirming that the mark is in use in Puerto Rico.
• If the mark was already in use at filing, no declaration is needed in those first 3 years.
• In both cases, a declaration of use must be filed:
  • Between the 5th and 6th year, and
  • With each renewal of the trademark.

Yes. If a third party files a trademark application that conflicts with yours, you can oppose the application.

• Opposition actions may be filed within 30 days following the publication of the application.
• An extension of 20 days may be granted if requested before the deadline and if PRIPO considers it justified.

The chances of success will depend on the similarity between the marks, the goods/services, and the evidence you provide.

Yes, use is required to maintain a trademark registration in Puerto Rico.

• If a registered trademark is not used in Puerto Rico for a period of 3 years, it becomes vulnerable to cancellation actions for non-use brought by third parties.
• As explained above, periodic declarations of use (3-year after filing if there was no prior use, then between the 5th and 6th year, and at each renewal) are an essential part of maintaining the registration.