Puerto Rico Trade Mark Guide
Registration
A trade mark can be registered in Puerto Rico pursuant to the Trade Mark Law, Act No. 169 of December 16, 2009 which provides for local trade mark applications.
The following information and documentation is required:
- name of the trade mark
- one copy of the mark (unless mark is word only)
- class(es) and specification of goods and/or services
- applicant’s name, address and telephone number (if applicant is a company a copy of the laws under which the company is incorporated must also be provided)
- date of first use in Puerto Rico, or if application should be based on “intent to use”
It usually takes between 15-20 months for the Puerto Rico Trademark Office to process an application for registration. Paris Convention priority cannot be claimed. Once the registration is complete the Trademark Office will issue a Registration Certificate.
Use
If a trade mark is not used for five years after registration it may be cancelled.
Classes
The International Classification system is used. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.
Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within a week.
Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is a Declaration of Continued Use form and Evidence of Use form.
The application for renewal should be filed within 12 months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time a new application for registration is required.
It usually takes six months or less for the Trademark Office to process an application for renewal. Once the renewal is complete the Trademark Office will issue a Certificate of Renewal.
If you do not wish to renew the mark please inform us so that we can advise the Trademark Office accordingly.
Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Trademark Office accordingly. This will avoid us sending out unnecessary Reminder Notices.
Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Puerto Rico.
To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment.
It usually takes six months or less for the Trademark Office to process an application to record an assignment. Once the recording is complete the Trademark Office will issue a Certificate of Recording showing the assignment.
Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Puerto Rico.
To record a change of name and/or address for a trade mark registration the only documentation required is the document evidencing the change.
It usually takes six months or less for the Trademark Office to process an application to record a Change of Particulars. Once the recording is complete the Trademark Office will issue a Certificate of Recording showing the change.
Contact
E-mail: ip@hsmoffice.com
Tel: +1 (345) 949-4766
Mail:
PO Box 31726, Grand Cayman KY1-1207
Cayman Islands
Courier:
HSM, 68 Fort Street, George Town
Grand Cayman, Cayman Islands
MEMBERSHIPS
The firm is a member of INTA, CITMA, AIPLA and IPCA