Trademarks - General Information

  • Filing System: Single-Class Filing System.
  • Classification of goods/services: 10th Edition of Nice Classification.
  • Registrables: trademarks, service marks, collective marks, 3D marks, quality marks (certification marks).
  • Member of Paris Convention: no.
  • Claiming priority under Paris Convention: no.
  • Filing international registration under Madrid Agreement: no.
  • Filing international registration under Protocol to Madrid Agreement: no.
  • Time from filing to registration: 18 months.
  • Protection (registration) duration: 10 years from filing date.
  • Examination type: formal and substantive examination.
  • Examination time: 12 months.
  • Publications: in the Official Gazette after acceptance.
  • Opposition period: 30 days from the publication date.
  • Time limit to pay publication fees after acceptance: no time restriction.
  • Time limit to pay registration fees after the end of the opposition period: no time restriction.
  • Use: a registered mark may be subject for a cancellation action by any interested party if it has not been used for 5 consecutive years.
  • Renewal application can be made within: 6 months before expiry.
  • Renewal duration: 10 years.
  • Grace period to renew after expiration: 6 months with penalty.
  • Method of conducting the search: official search only.
  • Search for a device: possible.
  • Time required to complete the search: 3 days.
  • Claiming goodwill upon assignment: optional.
  • Time period of the license: can be decided by parties.

In Puerto Rico a person can apply for a trademark registration based on actual use or intent to use.