WIPO-administered Treaties:
Contracting Party of the Paris Convention: YES.
Contracting Party of the Madrid System: NO.
Trade Mark Law in force:
Industrial Property Law (Decree 12-99-E of 2000).
Classification:
Nice classification, 10th edition.
Multiclass Applications:
YES.
Registrable trade marks:
Words, names, pseudonyms, commercial slogans, shapes, portraits, letters, figures, monograms, labels, coats of arms, cotton prints, vignettes, fringes, lines, stripes, combinations and arrangements of colors.
Sound and smell trademarks are now accepted as a result of DR-CAFTA regulations.
Formal filing requirements:
- Power of Attorney duly notarized and legalized within 30 days from the official request. Possible extension of time: only 15 days. Originals copies are required.
- Certified copy of the priority application and its translation into Spanish within 30 days from the official request. Original copy is required.
Examination:
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
Opposition period:
30 working days counted from the day of the last publication.
Average time from filing to grant:
Approximately 8-10 months, unless any obstacles were raised.
Term of protection:
10 years from the date of registration.
Use requirements:
YES. Cancellation can be requested if the trademark has not been used for 3 years, counting from the registration date. Partial cancellation is possible. A Rehabilitation Tax can be paid, which protects the mark against cancellation petitions from third parties.
Renewal terms:
1 year prior to the renewal date.
Grace period: 6 months.
Link to patent and trademark National Office: