TRADEMARKS

PUERTO RICO

GDP: $101,131 BILLION
IMPORTS: $46,520 BILLION
POPULATION: 3,195,153
TOTAL AREA: 9,104 KM2
CURRENCY: UNITED STATES DOLLAR ($) (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*.

*although can be used through the United States Federal System

Trade Mark Law in force:

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 trade mark law independent of the USA. It is therefore no longer possible to obtain a national trade mark 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.

Classification:

Nice classification, 10th edition.

Multiclass Applications:

Not possible.

Registrable trade marks:

Signs, such as words, names, acronyms, letters, numbers, devices, emblems, combinations or shades of colours, three-dimensional forms, sound marks, smell marks and any combination of the mentioned signs.

Formal filing requirements:

• Power of Attorney: Not necessary.

• Priority Claims are not possible.

• Indication of date of first use or intention of use.

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, unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. Cancellation can be requested if the trade mark has not been used for 5 years, counting from the registration date. Partial cancellation is not possible.

Renewal terms:

1 year prior to renewal date.

Grace period: 6 months.

Link to Trade Mark Office:

https://prtmfiling.f1hst.com/

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