Trademark Procedure in Dominican Republic
The procedure for a trademark or commercial
name registration takes up to a maximum
of 9O days. After the registration is
completed, the rights are protected for
a renewable term of 5 Or 20 years. Classification
of Nice.
INHERENTLY UNREGISTRBLE MARKS
Symbols may not be registered which
contain of any of the following prohibitions:
In the Dominican Republic,
copyright protection for Trademarks, Trade
Names and other Distinctive Signs such as
commercial labels, emblems and logos is
established under a modern law dated April
18, 2000, namely Law Nº 20-00 on Industrial
Proprietary Rights.
Consist of common or usual forms of
the products or of their containers, or
of forms necessary or imposed by the very
nature of the product or service dealt
with:
-
Consist of forms that give a functional
or technical advantage to the product
or service to which they apply;
-
Consist exclusively of a symbol or
indication that can qualify or describe
in business any characteristic of the
products or services in question;
-
Consist exclusively of a symbol or
indication that, in common language or
commercial usage of this country, is the
generic or common or usual designation
of goods or services, or the scientific
or technical name of a product or service;
so as to differentiate them from the same
or similar products or services.
-
Consist of a simple color considered
in isolation;
-
Do not have sufficient distinctive
ability with respect to the products or
services to which they apply, so as to
differentiate them from similar products
or services.
-
Violate morality or public order;
-
Consist of symbols, words or expressions
that ridicule or tend to ridicule persons,
ideas, religions or national symbols of
third countries or international entities.
-
Mislead business or the public regarding
the source, nature, type of manufacture,
qualities, aptness for use or consumption,
quantity or other characteristics of the
products or services in question;
-
Reproduce or copy an indication of
origin registered in accordance with this
law for the same products, or for different
products if there is of risk of confusion
in respect of the origin or other characteristics
of the products, or a risk of taking unfair
advantage of the prestige of the indication
of original or which consist of a geographical
indication that does not conform to Article
72(2);
-
Reproduce or Copy the coats of arms,
flags and other emblems, initials, names
or abbreviations of names of any State
or international organization, without
the permission of the competent authority
of such State or of such international
organization;
-
Reproduce or Copy the official symbols
of control or guarantee adopted by a State
or public entity, without the permission
of the competent authority of such State;
-
Reproduce coins or bills or other legal
tender of the territory of any Country,
or other commercial documents, seals,
stamps, or tax papers;
-
Include or reproduce medals, prizes,
diplomas or other elements that imply
the receiving of awards with respect to
the products or respective services, provided
that such awards were in fact granted
to the applicant for registration or to
its predecessor in title and such awards
are credited to the time of applying for
registration;
-
Include the name of a plant variety
protected in this Country or abroad, if
the symbol is destined for plant products
or services related to such variety or
if its use is likely to cause confusion
or association with such variety;
-
Are contrary to any provision of this
or any other law;
-
Are identical or similar, or likely
to lead to confusion with a mark whose
registration has expired and which has
not been renewed, or that has been cancelled
at the request of its holder, and that,
applied to the same products or services,
or to other products or services that
by their nature may be associated with
these, provided that a year has passed
from the date of expiration or cancellation.
Notwithstanding what the provisions
of (C), (d), and (e) of subsection (1),
a symbol may be registered as a trademark
when it is obvious that as a result of
continuous use in this Country, the mark
has acquired in commercial circles and
for the public, a sufficient distinctive
character as to merit protection as a
trademark in relation to the products
or services to which so applies.
Marks inadmissible due to third party
rights.
A symbol may not be registered as a trademark
when it may affect any right of a third
party. To this end, the following cases
shall be considered, inter alias, where
the symbol:
-
Is identical to or so similar so as
to likely lead to confusion with a trademark
already registered or in the process of
being registered under the provisions
of Article 75 et seq, by a third party,
that distinguishes the same products or
services, or different products or services
which are capable of being associated
or connected with those distinguished
by the prior mark;
-
Is identical or so similar so as to
likely lead to confusion with a non-registered
trademark, used by a third party who would
have a better right to obtain the registration,
provided that the trademark is for the
same products or services, or for different
products or services, which are capable
of being associated or linked with those
that the used trademark distinguishes;
-
Is identical or similar to a commercial
name, sign or logo used or registered
in this country or by a third party as
of an earlier date, only if the circumstances
of the case are likely lo lead to confusion;
-
Constitutes the total or partial reproduction,
imitation, translation or transcription
of a distinctive symbol that is well-known
in this country by the pertinent sector
of the public, whatever the products or
services to which the symbol applies,
when its use is likely to cause confusion,
or a risk of association with a mark of
a third party, unfair advantage of the
fame of the well-known symbol, or the
lessening of its distinctive power or
its commercial or advertising value;
-
It may affect the right of the personality
of a third party, in particular, in dealing
with a name, firm, title, diminutive,
or photograph of a person different from
the one who is applying for registration,
except when this person gives his consent,
or if the person is dead, the consent
of his next of kin is given;
-
It may affect the right to the name,
image or prestige of a legal entity or
of a loca1, regional or national collective,
except when such entity gives its consent;
It may infringe upon the copyright or
a right to pre-existing industrial property
or had been applied for the purpose of
perpetrating or consolidating acts of
unfair competition.
|
