Trademarks in the Dominican Republic

Competent Authority

• Office Name: National Office of Industrial Property / Oficina Nacional de la Propiedad Industrial (ONAPI).
• Working Language: Spanish. All official filings and documentation must be submitted in Spanish.
• System Type: National system.

International Treaties

• Paris Convention: Member. Priority can be claimed within 6 months from the first foreign filing date.
• Madrid Protocol: Not a member. International registrations under the Madrid System cannot designate the Dominican Republic. Trademark protection must be obtained directly through a national application before ONAPI.

Applicant Eligibility & Representation

• Eligible Applicants: Natural persons and legal entities (both domestic and foreign).
• Local Representation / Agent Requirements:
• Foreign applicants residing or domiciled outside the Dominican Republic must be represented by a qualified representative or registered trademark agent with a physical address for service in the Dominican Republic.
• Power of Attorney (POA): Required. ONAPI accepts a simply signed Power of Attorney for routine trademark representation; formal notarization or consular legalization/Apostille is not strictly required for initial filing.
• Late Submission: A simply signed POA can be submitted post-filing within a statutory period granted by ONAPI upon formal request.

Online Application & Search Database

• Electronic Filing: Available via ONAPI’s official electronic filing portal (E-SERVICIOS / ONAPI en Línea).
• Public Search Database: ONAPI provides an official online database (E-SERVICIOS) to search registered trademarks and pending applications.

Registrable Mark Types

• Standard & Non-Traditional Marks: Words, figurative/logo marks, mixed marks, slogans (lemas comerciales), trade names (nombres comerciales), 3D shapes/packaging, sound marks, and olfactory (scent) marks.
• Translation & Transliteration: Marks incorporating non-Spanish words or non-Latin scripts require an accurate Spanish translation and phonetic transliteration.

Classification System

• Classification Standard: Nice Classification system.
• Multi-Class Applications: Allowed. Multi-class filings are recognized under Law No. 20-00.
• Class Headings: Class headings are accepted provided the listed terms clearly identify the goods and services; specific itemization matching Nice standard terms is recommended to avoid clarity objections.
• Class Fees: Per-class fee structure applies.

Examination

• Examination Sequence: ONAPI conducts Formal Examination first (within 15 working days) to verify procedural requirements. Once cleared, the application is approved for publication in the Official Bulletin. Substantive Examination (absolute and relative grounds) is conducted following the conclusion of the publication/opposition period.
• Absolute Grounds: Examined for distinctiveness, generic terms, descriptiveness, deceptiveness, public order, and morality.
• Relative Grounds (Prior Rights): Examined ex officio for likelihood of confusion against prior registered marks or pending applications.
• Office Actions: Applicants are granted a statutory response period (typically 60 days, extendable) to respond to official objections or formal requirements issued by the examiner.

Publication & Opposition

• Publication: Once formal requirements are cleared, the application is published in the official ONAPI Gazette (Boletín Oficial de la ONAPI).
• Opposition Period: 45 days starting from the date of publication in the official Gazette.
• Eligible Opponents: Any interested third party who considers that the published mark infringes their prior rights or violates statutory registrability grounds under Law No. 20-00.

Timeframe & Acceleration

• Average Timeframe: A smooth, un-opposed trademark application typically takes 3 to 5 months from filing to registration certificate issuance.
• Expedited Examination: No official fast-track or expedited examination fee mechanism is available; applications are processed strictly in chronological order.

Official Fees

• Application Filing Fee (First Class): DOP 5,720.00.
• Additional Class Fee: DOP 4,110.00 per additional class.
• Publication Fee: Variable official fee (approx. DOP 1,000.00–DOP 1,500.00 depending on mark type and length).
• Registration / Grant Fee: Included in initial processing fees (no separate final grant fee).
• Renewal Fee (10 Years / First Class): Similar to base application fee rates (plus late surcharges if filed during grace period).

Source: National Office of Industrial Property (ONAPI Schedule of Fees).

Term of Protection & Renewal

• Protection Period: 10 years calculated from the registration grant date.
• Renewal Requirements: Renewable for consecutive 10-year terms indefinitely. Renewal applications can be filed within the 6 months prior to the expiration date.
• Grace Period: A 6-month grace period is granted after the expiration date to file for late renewal, subject to an official late surcharge penalty.

Use Requirements & First-to-File vs. First-to-Use

• First-to-File System: The Dominican Republic operates strictly on a First-to-File principle ("first in time, first in law"). Ownership rights arise directly from registration.
• Declaration of Use: Not required prior to registration or during routine 10-year renewal filings.
• Non-Use Cancellation: A registered trademark becomes vulnerable to non-use cancellation (acción de cancelación por falta de uso) by an interested third party if it has not been genuinely used in trade within the Dominican Republic for 3 consecutive years following registration, unless legitimate reasons for non-use exist.

Post-Registration Transactions

• Assignments & Transfers: Assignments must be officially recorded with ONAPI to be legally effective against third parties.
• Licensing: Trademark license agreements must be recorded with ONAPI to produce legal effect against third parties.
• Changes of Name/Address: Official recording with ONAPI is required to maintain accurate ownership title on the register.

Enforcement & Legal Remedies

• Tribunals & Courts:
• National Office of Industrial Property (ONAPI): Administrative authority managing oppositions, administrative invalidity actions, and non-use cancellation proceedings.
• Civil and Commercial Courts (Juzgados de Primera Instancia): Exercise jurisdiction over judicial trademark infringement suits, claims for commercial damages, and permanent injunctions.
• Specialized IP Prosecutor's Office (Unidad de Propiedad Intelectual del Ministerio Público): Handles criminal prosecutions for trademark counterfeiting and pirated goods.
• Well-Known Marks: Protected under Law No. 20-00 and Article 6bis of the Paris Convention.
• Customs Enforcement: Brand owners can coordinate with the General Directorate of Customs (Dirección General de Aduanas - DGA) to record trademarks and seize suspected counterfeit imports at ports and borders.

Country-Specific Risks & Practical Notes

• Simplified Documentation: Unlike many Caribbean and Latin American registries requiring full consular legalization or Apostille, ONAPI accepts a simply signed Power of Attorney for routine representation.
• 45-Day Opposition Period: The opposition timeframe in the Dominican Republic is 45 calendar days from the publication date in the ONAPI Bulletin, which is longer than the typical 30-day window found in several Central American jurisdictions.
• Fast Registration Timeline: Uncontested applications in the Dominican Republic move rapidly compared to regional averages, often obtaining final registration within 3 to 5 months from the initial filing date.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.