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Monday to Friday – 8:00am to 4:30pm

 

For your convenience you can access https://prtmfiling.f1hst.com to register your mark, trade name and related transactions.  Before filing an application, you should search the PRTO’s database to see if any mark or trade name has already been registered or applied for that is similar to yours that is used on related products or for related services.  Please press here to search for Marks, Trade Names and US Deposits.

Circulars Letters

2016-05Clarification about the Transaction “Petition to Revive an Application”Download

Circular Letter Description Download
2013-02 Registration of Marks, Trade Names and US Deposits Download
2013-03 Clarification about Declaration of First of Use Download
2013-04 Communications with the Puerto Rico Trademark and Trade Name Office Download
2013-05 Clarification about the term to file the Declaration of First Use for those Application that were filed after the Act No. 169-2009 came into effect Download
2013-06 Electronic Filing of Transactions Download
2013-07 Additional Transactions that can be Filed Online Download
2013-09 Publication of Marks in the Official Gazette Download
2013-13 Abandonment of Applications for lack of Contact Information Download
2014-02 Access to Trademarks through the Trademark Registration Online System Download
2014-04 Publication of Marks in the Official Gazette Download
2014-07 New Online Transactions Download
2015-02 Publication Fee Download
2016-03 Renewals Download
2016-09 No refunds will be issued for transactions filed by mistake or incorrectly Download
2016-10 Communications sent by the Puerto Rico Trademark Office to Registrants, Applicants and Representatives Download

Legal Basis

What is a Mark?

Are there different types of marks?

Can you register a mark or a trade name that has not been used in commerce?

How can the an application to register a mark or trade name be filed and who can file it?

Fees to pay for Trademark Services

Legal Basis

The Puerto Rico Trademark and Trade Name Office was established on 1923 by the enactment of Act. No. 66.  This division of the administrative agency issues mark and trade name registrations according to Act No. 169-2009, as amended, best known as the Trademark Act and Act.  No. 23-1992, as amended, best known as the Trade Name Act.

Below you will find information pertaining to the registration of a mark and a trade name.

What is a mark?

A mark is any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to identify and distinguish the services of one provider from another and to indicate the source of the goods or services.  The term includes any trademark, service, certification and collective mark.  Some examples include: brand names, slogans, and logos.

Are there different types of marks?

Yes. Trademarks can be classified into four groups:

  • Trademarks – includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.
  • Service marks – is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from the services provided by others, and to indicate the source of the services.
  • Certification marks – is any word, name, symbol, or device, or any combination thereof used by a person other that its owner, or which its owner has a bona fide intention to permit a person other than the owner to use in commerce and to certify regional or other origin, material, mode o manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.
  • Collective Trademarks – is a trademark or service mark used by the members of a cooperative, an association, or other collective group or organization, or which such cooperative, association, or other collective group or organization has a bona fine intention to use in commerce, includes marks indicating membership in a union, an association or other organization.

Can you register a mark or trade name that has not been used in commerce?

Yes.  Both, the Trademark Act and the Trade Name Act, allows the filing of applications under the basis of “intent to use”.  The owner of the mark must use the mark in commerce and file a Declaration of First Use within three (3) years of the filing date.

The Trademark Act also requires the Registrant, in order to maintain the registration of the mark, to file a Declaration of Continuous Use within the fifth (5th) and sixth (6th) year of the registration date.  And last, the Registrant must renew the registration between the ninth (9th) and tenth (10th) year after the registration date and every ten (10) years thereafter.  If the Registrant does not comply with said requirements, the registration will be cancelled.

The same is true for trade names but the owner must certify that the trade name is used in commerce within the five (5) years of the registration date.  In this case, the owner does not have to file a declaration of continuous use in order to keep the registration alive.  But he or she must renew the trade name between the ninth (9th) and tenth (10th) year after the registration date and every ten (10) years thereafter.

How can an application to register a mark or trade name be filed and who can file it?

A mark or trade name can be filed by its owner or representative according to Code of Regulation No. 8075 or Code of Regulation No. 4873, respectively.  The owner can be a person or a juristic entity.  The registration can be filed at https://prtmfiling.f1hst.com/.

Aprobado por la Comisión Estatal de Elecciones - CEE-SA-16-3903