In the Dominican Republic, the principle of "first in time, first in law" applies, implying that the first to register a trademark will acquire exclusive usage rights. Registration is mandatory to claim exclusive rights over a specific trademark. The National Office of Intellectual Property (ONAPI), when evaluating registration requests, gives preference to applicants who have been using the trademark in the country. It is possible to submit an application on behalf of multiple individuals.
Local regulations recognize main types of trademarks: denominative, mixed, figurative, three-dimensional, sound, and olfactory. Denominative stylized trademarks consist only of letters, while figurative trademarks contain drawings, figures, or signs without letters. Mixed trademarks are combinations of figures and letters. For mixed, figurative, and three-dimensional trademarks, five reproductions sized 15 x 15 cm must be attached to the application.
Trademarks can include letters, numbers, monograms, portraits, labels, lines, bands, combinations thereof, as well as sounds and smells. Products or services to be protected must be classified according to the 11th version of the Nice Classification. A trademark registration request can cover all products or services within a class, but this increases the risk of observation by the regulator. It is possible to submit a registration application covering more than one class, known as multi-class registrations.
Applicants residing abroad require a local representative to submit the registration application, along with a mandatory power of attorney or authorization. Every trademark registration request requires a physical address in the Dominican Republic. Applicants must provide name, address, trademark description, list of goods and services, color(s) to be protected, and international class when submitting an application. The application must indicate the international classification to which the trademark belongs, as well as the products or services to be protected. The applicant's signature and payment of the registration fee are also required.
A trademark can be registered without having been used in the Dominican Republic, and there is no requirement to provide evidence of use or intention to use. Use is only required after registration. Trademarks that have not been used without justified cause for a consecutive period of 3 years after registration can be cancelled. The regulation allows for renouncing exclusive usage rights over one or more words of the trademark to be registered. The regulation protects design colors as part of trademark characteristics.
The right of priority can be claimed by applicants from countries with which the Dominican Republic has signed binding treaties. It must be claimed within 6 months of the first application date. It is possible to include a translation of the trademark into a language other than Spanish for protection. Procedure involves form and substance examination. Within 15 days of the application, the Trademark Office conducts a review, issuing an approval or objection resolution.
If approved, the applicant must proceed with payment for publication. Publication occurs every fifteen days in a nationally circulated newspaper. If objected, the Trademark Office issues an objection action, to be responded to by the applicant within 30 days from notification. Third parties feeling affected by a registration request have 45 days after publication to oppose at the Trademark Office. Oppositions are notified to the applicant, who has 30 days to present arguments. An extension of this period is possible.
Oppositions are adjudicated by ONAPI's legal department, with a response time of 3 to 6 months. If the applicant meets form and substance requirements and is not objected by a third party, ONAPI issues the registration certificate, valid for 10 years. The registration process takes about 4 months if there is no third-party opposition. Trademarks can be renewed for successive 10-year periods, within 6 months before or after expiration, with additional fees for the latter case.