Trademarks Law in Dominican Republic
Hereโs an overview of Trademark Law in the Dominican Republic:
๐ Legal Framework in the Dominican Republic
1. Primary Legislation
Industrial Property Law No. 20-00 (2000)
This law governs trademarks, patents, and other industrial property rights in the Dominican Republic. It modernized the IP regime to meet international standards.
Supplemented by regulations and administrative rules issued by the National Office of Industrial Property (ONAPI).
๐ก๏ธ Trademark Protection
What Can Be Registered?
Words, names, slogans
Logos, designs, symbols
Letters, numerals
Sounds, colors, shapes (if distinctive)
Combinations of the above
The mark must be:
Distinctive
Not generic or descriptive (unless acquired distinctiveness)
Not misleading or contrary to public order
โ๏ธ Rights Granted
Trademark owners have exclusive rights to:
Use the trademark for the registered goods/services
Prevent others from using confusingly similar marks
License or assign the trademark
๐ Duration of Protection
Initial term: 10 years from registration date
Renewable indefinitely in 10-year periods
Grace period for late renewal is available with additional fees
๐ International Treaties
The Dominican Republic is a party to:
Paris Convention
Madrid Protocol โ allows international trademark registration
TRIPS Agreement
Nice Classification system for goods and services
๐๏ธ Administration
Trademarks are registered through the National Office of Industrial Property (ONAPI)
The application process involves examination of absolute and relative grounds
There is a publication and opposition phase before registration
๐ Enforcement
Trademark owners can enforce rights via civil courts.
Remedies include injunctions, damages, and seizure of counterfeit goods.
Customs authorities assist in enforcement against counterfeit imports.
Additional Notes
Non-use of a trademark for 3 consecutive years can lead to cancellation.
Well-known trademarks receive enhanced protection even if unregistered.
Collective and certification marks are recognized.
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