Trademark registration in Puerto Rico | iGERENT
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Trademark registration in Puerto Rico

Trademark Search
in Puerto Rico

Determine the probabilities your trademark has of being successfully registered in Puerto Rico

First Class

$100

Additional Class

$80

*The prices mentioned are for wordmarks

All fees included

Trademark Application
in Puerto Rico

Apply to have your trademark registered in Puerto Rico

First Class

$750

Additional Class

$650

Final fee for registration

First Class: $130 | Additional Class: $130

All fees included

PRICE NOTES

The prices expressed are in USD.

Search report In Puerto Rico reports are only offered for word elements. Delivery time: 5 business days.

Application Approximate process duration for straightforward cases: 24 months.

The prices expressed are for straightforward cases and include all official and professional fees. The prices do not include responses to office actions (e.g. examiner’s refusal), defenses from third party pre- or post-registration oppositions or responses to cancellation actions.

Final Fee for Registration The amount to be paid may vary. Price will be that expressed for the service at the moment when such is required or due.

Watch Service will be activated within 72 hours after payment has been cleared. Service is for 365 days.


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Recommendations and information about trademark registration in Puerto Rico

The exclusive right to a trademark in Puerto Rico is conferred to the person or company that first used and continues to use the trademark in Puerto Rico. However, registration is highly advisable in order to protect such rights and be recognized as the registered owner. This proves useful in order to prevent third parties from registering one’s trademark and in cases of trademark infringement in Puerto Rico.

Trademarks registered in the USA also have validity and recognition in Puerto Rico. However, in order to be effectively protected in Puerto Rico, trademarks should also be registered through the local trademarks office (PRIPO). Indeed, when examining local applications for prior similar trademarks, the trademarks office will not take into account trademarks registered in the USA, so a local trademark that is similar to one registered in the USA would still be accepted.

It is not necessary for the trademark to be in use in Puerto Rico at the time of application or registration. However, declarations of use will have to be filed during the lifespan of the registered trademark. For more information, please consult our FAQ section below.

If you register a combined trademark (which includes both word elements and figurative elements) in Puerto Rico, the exclusive right to use the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.

In Puerto Rico opposition actions may be filed during the period of 30 days that follows the publication of the trademark application. An extension of 20 days may be granted if requested before the deadline and if deemed justified by the trademarks office. The probabilities of success for an opposition will vary in each case depending on the circumstances.

A registered trademark in Puerto Rico has a validity of ten (10) years from the application date. It may then be renewed indefinitely for successive periods of ten years. The trademark renewal can be requested during the twelve (12) months preceding the expiration date. It can also be requested during the grace period of 6 months after the expiration date upon payment of additional fees.

If a registered trademark is not used in Puerto Rico for a period of 3 years, then it becomes vulnerable to cancellation actions for lack of use filed by third parties. 

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Puerto Rico (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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FAQ

trademark registration in Puerto Rico

In Puerto Rico, a trademark must be filed as either “In Use” or “Intent to Use”.

Filing under “In Use” means that prior to the date of filing, the trademark has been in use in Puerto Rico for the same goods and/or services for which it is being filed.

Filing under “Intent to Use” means that at the moment of filing the trademark has not been effectively used inside the Puerto Rican marketplace, but it will be used in the future. 

Registration under “In Use”: requirements regarding the Declaration of Use (DOU) and the Specimen of Use (SOU).

a) A DOU will have to be presented with the trademark application stating that the trademark has been used in Puerto Rico by the applicant.  

b) A DOU will have to be presented confirming effective use of the trademark between the 5th and 6th year from the date of effective registration. 

c) A DOU will have to be presented confirming effective use of the trademark between the 9th and 10th year from the date of effective registration. 

Registration under “Intent to Use”: requirements in regards to the Declaration of Use (DOU) and Specimen of Use (SOU)

Initial Requirements:

a) The trademark will have to be used in the space of three (3) years from the date of filing.

b) A DOU will have to be presented confirming that use of the trademark has commenced within the period of three years from the date of filing.

c) An SOU that serves as evidence of the above statement will have to be presented demonstrating use of the trademark in commerce. 

Subsequent Requirements:

a) A DOU accompanied by evidence will have to be presented confirming effective use of the trademark between the 5th and 6th year from the date of effective registration. 

b) A DOU accompanied by evidence will have to be presented confirming effective use of the trademark between the 9th and 10th year from the date of effective registration. 

What do the Declaration of Use (DOU) and the Specimen of Use (SOU) consist of?

Declaration of Use:

This consists of a statement from the trademark owner declaring that the trademark has been used in Puerto Rico for the goods and services for which it was filed. 

Specimen of Use:

Supporting evidence such as brochures, newspaper articles, products packaging, etc., that serve as proof that the trademark is being used in Puerto Rico.

A registered trademark grants exclusive nationwide use: Registering your trademark grants you protection and the exclusive right to use your trademark in connection to the products and services for which you have registered in a determined country or territory. As a registered trademark owner you can take legal action against anyone who uses your brand without your permission, including counterfeiters.

A registered trademark serves as a deterrent against third parties that would otherwise use identical or confusingly similar trademarks for identical or similar goods or services. In most countries the prior existence of a considerably similar registered trademark is grounds for government offices to refuse a subsequent registration. Furthermore, trademark owners have the right to oppose similar trademarks from being registered. 

A registered trademark grants one the right to use the ® Symbol: Upon registration you will be able to use this symbol in order to demonstrate that your trademark has been registered and is enforceable by law. It also serves as notice to competitors that you are serious about protecting your trademark rights. Such right is limited to the countries in which the trademark is registered.

It is illegal and punishable by law to use this symbol if your trademark has not been registered; fines and penalties vary depending on the jurisdiction. The use of the ® symbol in some countries is also obligatory if a trademark has been registered in order to be able to present legal actions or remedies against a third party that uses a trademark without the owner’s consent.

A registered trademark is necessary to enlist help from countries’ Customs Service (Customs and Border Patrol): if a trademark has been registered, actions can be taken in order to request local customs services to prevent the entering or exportation of goods that use an identical or confusingly similar trademark.

Priority for subsequent applications: The first application for a trademark will grant the holder the right to subsequently claim priority when applying for an identical trademark in the vast majority of countries in the world, for a period of 6 months. If priority is claimed inside the period of 6 months from the first application, the subsequent applications will be considered as having been presented on the same date as the application in the first country. This is important in case there are conflicting trademarks that were filed after the first application.

 

For more information regarding Priority please visit our General FAQs

If you are investing time and money in order to differentiate yourself and your products or services from other traders, make sure that other trademarks that may take advantage of your market placement are not admitted for registration.

The first step to do so is to stay alert. Our Watch Service will have experts continually monitoring newly published trademarks, alerting you if any of them may eventually affect your rights. Being alerted on time will allow you as a trademark owner to decide whether or not opposition actions should be presented.

Our trademark watch services can be ordered on a yearly basis for a specific country, region or even worldwide.

Trademark Watch Alerts will be sent to your email, including information of the conflicting trademark, such as the trademark itself, the class for which it is being registered, the details of the applicant and the deadline to present legal actions intended to stop the trademark from being registered.

Different countries have different requirements and time frames when it comes to trademarks. When working with iGERENT, a trademark consultant will be assigned specifically to you, and will assist you with whatever trademark related services you require. Along with advising you, your consultant will continuously monitor your trademark processes, keeping you up to date with any developments. Regardless of the amount of countries in which you have services being processed, you will be able to monitor any advances through your online account, or by contacting your assigned trademark consultant directly.

Regardless of which country or countries you are ordering trademark services for, all payments will be made through our online portal. Our online portal allows easy and safe payment to be made via PayPal, by major credit cards such as Visa, American Express, MasterCard and Discover, and even Bitcoin. If you like, you may also pay directly via wire transfer* (bank transfer) to our US bank account.

*Clients that pay via wire transfer (bank transfer) are eligible to receive a 5% discount.

Trademark Watch
in Puerto Rico

Make sure that you are alerted when a conflicting trademark to yours has been published in Puerto Rico

Local

First Class

$120

Additional Class

$100

Regional

First Class

$360

Additional Class

$170

Global

First Class

$590

Additional Class

$290

Note: Service will be activated within 72 hours after payment has been cleared. Service is for 365 days.

Trademark Renewal
in Puerto Rico

Your trademark registration is about to expire? Our expert attorneys will assist you with the renewal process to maintain the protection of your trademark. Learn more about the timeframes, prices and requirements.
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Additional trademark related services offered by iGERENT

Trademark assignment
You need to transfer ownership of a filed or registered trademark? Our expert attorneys will assist you with the assignment process, from the drafting of the deed of assignment to the filing of the change of owner with the country's trademark office.
Trademark office action
Your trademark application has received an office action? Our expert attorneys will provide advice and will help with the defense, from the review of the case to the filing of the defense with the trademarks office. We can help you with objections to local trademarks as well as objections received via WIPO (international trademarks).
Trademark opposition
A third party has filed an opposition against your trademark application? Our attorneys can advise you, evaluating the information and evidence you can provide, determining the chances of success and preparing and filing the defense with the trademarks office.
Trademark holder change of address
You or your company changed your address? With us, you can register the change of domicile with the trademarks office in an easy and straightforward way. Our attorneys take charge of everything.
Trademark holder change of name
The company that owns your trademark has changed its name? It is necessary to update the holder's details registered with the Trademarks Office. Our attorneys will let you know what documentation must be provided and will request the change with the relevant authority.
Control Border Patrol
Your company exports goods that are trademarked? Avoid the arrival of falsified or counterfeit products in those markets in which your trademark is registered. Our attorneys will help you protect your rights with the control border patrol.