Registering a trademark in the Dominican Republic is a fundamental strategic step to protect the distinctive signs that identify products or services in the marketplace. A registered trademark grants its owner exclusive rights of use and exploitation and constitutes an intangible asset of high commercial and legal value. Below are the main steps to follow in order to register a trademark with the National Office of Industrial Property (ONAPI).
Below are the main steps to follow in order to register a trademark with the National Office of Industrial Property (ONAPI).
1. Clear Definition of the Trademark to Be Registered.
The first step is to precisely identify the sign to be protected in order to distinguish your products or services from those of competitors. Trademarks may be classified, primarily according to their composition, as follows:
• Word mark (name or word)
• Figurative mark (logo or design)
•Combined mark (name + logo)
• Three-dimensional, sound marks, among others
It is also essential to determine whether the trademark will distinguish products, services, or both, and to properly define its commercial scope.
2. Trademark Clearance Search.
Before filing the application, it is advisable to conduct a clearance search to verify whether identical or similar trademarks have already been registered or applied for. This stage is key to:
• Reducing the risk of objections or oppositions
• Assessing the legal viability of registration
•Avoiding conflicts with pre-existing trademark rights
A professional search makes it possible to identify risks that are not always evident to the applicant.
3. Classification of Products or Services (Nice Classification).
Trademarks are registered according to the classes of products or services they distinguish, pursuant to the International Nice Classification. At this stage, it is necessary to:
• Correctly select the applicable class(es)
• Accurately draft the list of products or services
• Avoid overly broad or imprecise descriptions
An incorrect classification may limit protection or lead to refusals that could have been avoided with a proper selection of the list of goods or services.
4. Filing the Application with ONAPI.
The trademark application is filed with ONAPI, either electronically or in person, and includes:
•Applicant’s details (individual or legal entity)
•Graphic representation of the trademark (if applicable)
•Classes and description of products or services
•Payment of the corresponding official fees
From this point onward, the trademark enters the administrative process.
5. Formal and Substantive Examination
ONAPI conducts a formal examination to verify compliance with legal requirements, followed by a substantive examination in which the following are assessed:
•The distinctiveness of the sign
•The absence of statutory prohibitions
•Possible conflicts with previously registered trademarks
If objections are detected, ONAPI may issue an official action or objection, which must be answered within the legal deadline, allowing the applicant to submit arguments, amend the application, or replace the trademark.
6. Publication of the Application.
Once the examination is successfully completed, the application is published in ONAPI’s Official Gazette. From the date of publication, third parties have a legal period of 45 days to file oppositions if they believe the registration affects prior rights.
7. Opposition (If Applicable)
If an opposition is filed, an administrative proceeding is initiated in which:
• The applicant may submit defenses and legal arguments
• ONAPI analyzes the positions of both parties
• An administrative decision is issued
A well-structured legal strategy at this stage can be decisive for the success of the registration.
8. Grant of the Trademark Registration
If no oppositions are filed, or if they are dismissed, ONAPI proceeds to grant the trademark registration and issues the certificate of registration, which confers exclusive rights for a term of ten (10) years, renewable indefinitely for equal periods.
9. Trademark Monitoring and Maintenance.
Registration is not the end of the process. It is advisable to:
•Monitor new similar applications
•Use the trademark effectively in commerce
•Timely renew the registration
• Defender la marca frente a infracciones o usos no autorizados
A well-managed trademark strengthens a company’s competitive position.
Conclusion.
Registering a trademark in the Dominican Republic is a technical and legal process that requires planning, prior analysis, and proper follow-up. Having specialized intellectual property counsel allows for maximizing protection of the sign and minimizing legal risks, ensuring that the trademark becomes a true strategic asset for the business.