Trademarks Law in Puerto Rico (US)
Here’s an overview of Trademarks Law in Puerto Rico (US):
Trademarks Law in Puerto Rico (U.S. Territory)
Legal Framework
Puerto Rico is a territory of the United States, so U.S. federal trademark law applies.
Trademark protection in Puerto Rico is governed by:
The Lanham Act (U.S. Trademark Act of 1946), which is the primary federal statute.
Puerto Rico also has its own trademark statute, but the federal system is predominant.
Key Authorities
United States Patent and Trademark Office (USPTO) handles federal trademark registration and enforcement that applies to Puerto Rico.
Puerto Rico’s local Department of State also registers trademarks under local law for intrastate protection, but federal registration is preferred for broader protection.
Key Features:
Trademark Definition
A trademark is any word, name, symbol, device, or combination thereof used to identify and distinguish goods or services and to indicate their source.
Registration
Trademark owners can file for registration at the USPTO, which grants nationwide protection, including Puerto Rico.
Local trademark registration through Puerto Rico’s Department of State provides protection only within the territory and is less commonly used.
Duration and Renewal
Federal trademarks last 10 years from the registration date, renewable indefinitely for additional 10-year terms upon payment of fees and continued use.
Local registrations typically have shorter terms and different renewal rules.
Rights Conferred
Federal registration provides nationwide exclusive rights to use the mark on or in connection with the registered goods/services.
Trademark owners can prevent unauthorized use or infringement and can bring legal actions in federal courts.
Grounds for Refusal
Trademarks may be refused registration if they are:
Descriptive without secondary meaning
Likely to cause confusion with an existing mark
Generic or deceptive
Opposition and Cancellation
Third parties can oppose a trademark application during the USPTO’s opposition period.
Registered trademarks can be challenged through cancellation proceedings.
Enforcement
Infringement claims are litigated in U.S. federal courts.
Remedies include injunctions, monetary damages, and destruction of infringing goods.
Customs authorities can help prevent importation of counterfeit goods.
International Protection
Through the Madrid Protocol, U.S. trademark owners can seek international protection including Puerto Rico.
Summary
Trademark law in Puerto Rico is essentially U.S. federal trademark law under the Lanham Act. For broad and effective protection, registration with the USPTO is recommended. Local Puerto Rico registration offers more limited territorial rights.
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