TRADEMARKS

PUERTO RICO

GDP: $103,1 BILLION
IMPORTS: $47.32 BILLION
POPULATION: 3,548 MILLION
TOTAL AREA: 9,104 Km2
CURRENCY: UNITED STATES DOLLAR (USD)
OFFICIAL LANGUAGES: SPANISH, ENGLISH
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: NO
Contracting Party of the Madrid System: NO

Trademark Law in Force:

Trademark Law in Force: Although Puerto Rico is part of the USA with a special status; it has an independent Trademark Law from the American one. The former alternative of obtaining a Puerto Rico national trademark based on an US registration is no longer available. However, through the United States Federal System, the Madrid Protocol does apply to Puerto Rico, as it went into effect in the United States on 2 November 2003. Legal basis is the Puerto Rico Trademark Act, in force since February 14th, 1992.The Puerto Rico Federal Relations Act provides that the statutory laws of the United States shall have full effect in Puerto Rico, unless locally inapplicable. Therefore, rights acquired under the Lanham Act are valid and enforceable in Puerto Rico.

Classification:

Nice classification, 10th edition.

Multiclass Applications:

Not possible

Registrable Trademarks:

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 are all registrable as trademarks.

Formal filing requirements:

• Power of Attorney: Not necessary.
• Priority Claims are not possible.

Examination:

Absolute grounds for refusal: YES
Relative grounds for refusal: YES

Opposition period:

30 days from publication date.

Average time from filing to grant:

Approximately 2 years any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. The cancellation can be requested if the trademark has not been used for a time period of 5 years, counting from the date of registration. (Partial cancellation not possible)

Grace period for renewal:

6 months

Link to Trademark Office:

https://prtmfiling.f1hst.com/

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