The short answer
A Dominican trademark registration expires 10 years from the date of grant and can be renewed for successive 10-year periods. Renew in the 6 months before expiry with a sworn statement of use, or within a 6-month grace period with a surcharge. Third parties have 45 days after publication to oppose. A mark can be cancelled for 3 uninterrupted years of non-use. A foreign applicant without a domicile or establishment must name a representative in the country.
Trademark deadlines in the Dominican Republic at a glance
These rules come from Law No. 20-00 of 8 May 2000 on Industrial Property, as amended by Law No. 424-06 (DR-CAFTA implementation) of 2006, in the Spanish text. Later changes and ONAPI practice can differ, so we confirm the current text and fees before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of grant, renewable for successive periods of 10 years (Articles 81 and 82). |
| Which date does the term count from? | The date of grant of the registration (Article 81). Renewal periods count from the previous expiry (Article 82). |
| When can I renew? | Renew by paying the renewal fee within the 6 months before expiry. The request must come with a sworn statement on the frequency and form of use of the mark and the evidence of use set by the regulations (Article 83(1)). |
| Is there a grace period? | Yes. Renewal can also be made within a 6-month grace period counted from the expiry, with the surcharge and the renewal fee. During the grace period the registration keeps full validity (Article 83(1)). |
| Opposition period | Any third party can file an opposition within 45 days from the publication of the notice of the application in ONAPI's official organ. After that period, ONAPI decides the application and the oppositions in a single decision (Article 80). |
| Reply to an office action | The substantive examination checks the prohibitions in Articles 73 and 74. If there is an objection, ONAPI gives 60 days to withdraw, modify, limit or answer. After the formal examination, the applicant has 30 days to fix errors (Articles 78 and 79). |
| Priority claim | Convention priority applies through the Paris Convention, which gives 6 months from the first filing for trademarks. We confirm the documents ONAPI needs for the priority claim. |
| Non-use | On request of any interested person, ONAPI cancels a registration if the mark has not been used in the country for an uninterrupted period of 3 years before the cancellation action. The request cannot be made before 3 years from registration, and justified reasons for non-use prevent cancellation (Article 93). The renewal also requires a sworn statement of use (Article 83). |
| Assignment | Rights in a registered or pending mark can be transferred between living persons or by succession, independently of the business, for all or some goods and services (Article 89). Record the transfer at ONAPI so it binds third parties. |
Who can register a trademark in the Dominican Republic
Individuals and companies can apply. The application gives the mark, the goods and services by class under the Nice Classification, the signature of the applicant or its attorney and proof of fee payment (Article 75).
Representation. The application must give the name and address of a representative in the country when the applicant has no domicile or establishment in the Dominican Republic (Article 75(3)(b)). We file through a Dominican attorney.
Trademark registration process in the Dominican Republic
Search
- Search the the National Office of Industrial Property (ONAPI) records for identical or similar marks in your classes.
File the application
- File with the the National Office of Industrial Property (ONAPI), through your Dominican attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After the substantive examination, ONAPI publishes the application and any third party can oppose within 45 days (Article 80).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the National Office of Industrial Property (ONAPI) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
the Dominican Republic trademark validity and renewal
- The term is 10 years from the grant date.
- Renew in the 6 months before expiry with a sworn statement of use.
- A 6-month grace period with a surcharge keeps the registration fully valid.
- Use the mark to avoid cancellation after 3 uninterrupted years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Dominican trademark
Transfer
Change of ownership
Rights can be transferred for all or some goods and services (Article 89).
Licence
Licensing the mark
A licence follows Article 90, with quality control under Article 91.
Division
Several goods or services
The owner can ask to divide the registration at any time (Article 85).
Extending goods
New goods or services
To add goods or services, file a new application (Article 84).
Non-use and cancellation of a Dominican trademark
Under Article 93, any interested person can ask for cancellation for 3 uninterrupted years of non-use, which ONAPI decides. Article 92 lists grounds for nullity of the registration. The owner can also ask to cancel or limit it (Article 97).
Keep dated proof of use in the Dominican Republic: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in the Dominican Republic
Search the ONAPI trademark database and its official bulletin, where applications are published. The 45-day opposition period runs from publication.
Sources used
- Law No. 20-00 of 8 May 2000 on Industrial Property, as amended by Law No. 424-06 of 20 November 2006 (Spanish consolidated text): Articles 75, 78 to 83, 85, 89, 92, 93 and 97.
- ONAPI for the register, forms and fees.
the Dominican Republic trademark FAQ
How long does a trademark last in the Dominican Republic, and from when?
10 years from the date of grant, renewable for successive periods of 10 years (Articles 81 and 82). It counts from the grant date on the certificate (Article 81).
When should I renew a Dominican trademark, and is there a grace period?
Renew by paying the renewal fee within the 6 months before expiry. The request must come with a sworn statement on the frequency and form of use of the mark and the evidence of use set by the regulations (Article 83(1)).
What is the opposition period in the Dominican Republic?
Any third party can file an opposition within 45 days from the publication of the notice of the application in ONAPI's official organ. After that period, ONAPI decides the application and the oppositions in a single decision (Article 80).
How much does it cost to register a trademark in the Dominican Republic?
The official fee is set by the the National Office of Industrial Property (ONAPI) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in the Dominican Republic?
Yes. A foreign applicant without a domicile or establishment in the Dominican Republic must name a representative in the country (Article 75(3)(b)). We arrange the attorney and the Spanish-language procedure.
Can I assign a Dominican trademark?
Rights in a registered or pending mark can be transferred between living persons or by succession, independently of the business, for all or some goods and services (Article 89). Record the transfer at ONAPI so it binds third parties.
Can a Dominican trademark be cancelled for non-use?
On request of any interested person, ONAPI cancels a registration if the mark has not been used in the country for an uninterrupted period of 3 years before the cancellation action. The request cannot be made before 3 years from registration, and justified reasons for non-use prevent cancellation (Article 93). The renewal also requires a sworn statement of use (Article 83).
How can I check the status of a Dominican trademark?
Use the the National Office of Industrial Property (ONAPI) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Convention priority applies through the Paris Convention, which gives 6 months from the first filing for trademarks. We confirm the documents ONAPI needs for the priority claim.
How do I change the owner's name or address?
Record the change with the the National Office of Industrial Property (ONAPI) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in the Dominican Republic
SUPREMEiP® files trademarks worldwide through its network and checks every Dominican deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
