Trademark Registration in Dominican Republic
Trademark Registration in Dominican Republic grants trademark owner the exclusive rights of prohibiting any use by third parties of the registered trademark, except for the cases when use by third parties is legitimate and made as a consequence of any trade relation started by the owner of the trademark direct or indirectly when the product is put in the local or international market as long as product or good has suffered no alteration or modification whatsoever.
Trade names are protected by law 20-00 and its rights are originated not for the registration but for the first use in commerce. Protection is granted even when not registered but is eliminated upon the abandonment of the trade name which takes place when no use of the trade name in question has been made for the last 5 years.
Registration applications may be filed with the National Office of Industrial Property (ONAPI). Registration is granted for a period of ten years, renewable for consecutive ten-year periods. Renewal applications must provide proof of use of the trademark along with a Declaration of Use or Non-use based on the provisions of Act 20-00 on Industrial Property
Documents Required to File a Trademark Application
General information on the applicant such as Country or State of incorporation (for companies), a name of the representative of the company, passport number, and address.
The exact way the trademark is to be registered (specification on letters and colors if any claim is to be made upon them);
For cases of designs or labels, provide 6 samples of 3′ x 3′ color photos
Description of Goods and Services to be Protected
In the event priority benefits of the Paris Convention are to be claimed, it would be necessary to provide a certified copy of the application as filed in the country of origin. No further legalization is required.
Power of attorney form duly signed by the applicant, notarized and then legalized before Dominican Republic Consulate nearest to the applicant’s jurisdiction.
WDALAW will commence work on your trademark or tradename search immediately. For questions about this service contact us at [email protected].
Dominican State grants Patents in order to protect inventions, utility models and industrial designs. Inventions are defined as an idea or creation of the human intellect, whether related to products or processes, capable of being applied to industry. Non-patentable materials include natural substances, scientific theories and mathematics, solely aesthetic creations, presentations of information, computer programs, therapeutic, chirurgical or diagnostic methods for human or animal treatment, living matter and new uses of patented products or processes.
Patent applications are filed with the National Office of Industrial Property, and the whole procedure might take about two years. Patents are granted for twenty years counted from the date of filing.
Inventions patented abroad may also benefit from a Dominican patent. Furthermore, a foreign investor may have priority rights for filing for a patent in the country, when he has filed a patent application in a member country of international treaties to which the Dominican Republic belongs, or which grants reciprocity to Dominican inventors, but only for a period of one year after having filed for a patent abroad.
Documents Required to File a Patent Application
- Specifications, claims, and summarization of invention or utility model in triplicate in the Spanish language.
- Original drawings (if any)
- Power of attorney form (see legalization requirements on trademarks)
Assignment of rights from the inventor (if other than the applicant) duly signed by inventors and applicant; notarized and then legalized up to the Dominican Republic Consulate nearest to the applicant’s jurisdiction. Certified copy of the one filed in the country of origin is suitable as well.
If priority benefits are to be claimed, certified copy of the application filed with the Patent Office in the country of origin. No further legalization required. Our firm is in the best disposition to provide an official translation of documents.
Enacting of Law 65-00 was made in order to comply with requirements set by the World Trade Organization (WTO) on violations of copyrights in which the Dominican Republic has one of the first places in the world for being responsible of a high level of infractions on this concern against copyrights particularly against software and music business.
Law 65-00 protects any original intellectual creation, whether literary, artistic or scientific, that may be fixed, transmitted or copied by any existing or future printing, reproduction or divulgation methods. It also protects independent creations deriving from original works, such as those resulting from adapting, translating or in any other manner transforming the original work. It also protects and regulates the exercise of, related rights, which are granted to performing artists for their performances, phonogram producers for their recordings, and broadcasters their radio and television programs.
Moreover, law 65-00 protects works from authors having Dominican nationality or residing in the country, or who are nationals or residents of countries belonging to the international treaties ratified by the Dominican Republic, as well as works whose first publication has been made in the country (or in a member country of ratified international treaties) or that have been published here (or in a member country of ratified international treaties) thirty days after their first publication. In the absence of international treaties, protection will still be granted to foreign works, but subject to reciprocity.
Copyrights registration is not mandatory for enjoying the protection of the law and this non-registration does not affect the exercise of the author’s rights arising from the material creation; however, it is strongly advised to register and thus reinforce by the publicity and guarantees of authenticity and security that ONDA provides the protection of copyrights.
Violations of intellectual property rights may be subject to criminal sanctions including fines and prison of up to three years. Administrative measures may be applied by ONDA and include warnings, fines, temporary or permanent closure of establishments, seizure of illegal copies or machinery used for their production, destruction of illegal samples and others.
Documents Required to Register a Copyright
- 6 copies of the work to be registered and 2 digitalized copies thereof (either in a flash drive, compact disks or emails)
- General information on the author, its editor or representative, printing editor or the person in charge of handling author’s interests (if any)
- Power of attorney form (please see trademarks)
- General written information about the work to be registered including publication date, the area of art or design applicable to this work.
- Other requirements might apply to different work areas.