SERVICE HOURS 

Monday to Friday - 8:00am - 4:30pm
For your convenience, you can apply for the registration of your trademark or trade name and related transactions. To begin filing, click here.

Before applying for registration, you should perform a search to see if there is a similar trademark or trade name filed or registered through the SEARCH section of the website.

What is a brand?

Any sign or means that serves to distinguish in the marketplace the goods or services of one person as well as the goods or services of another person. The term includes any trademark, service mark, certification mark and collective mark.
‍
Some examples of signs that could be used as trademarks are drawings, emblems, words, names, letters, numbers, phrases, sounds, colors, and shapes, among others.

These can be used individually or combined to constitute a trademark.

What is a trade name?

A trade name serves to identify and distinguish one business activity from another.

Are there different types of brands?

Yes, brands can be classified into four groups:

• Trademarks – any word, name, symbol, trade dress, medium, logo, design, color, sound, smell, shape, form, object or combination thereof that is used by a natural or legal person in commerce or that a natural or legal person bona fide intends to use in commerce to distinguish its business, commercial organization or the goods manufactured or sold by it from those of another person and to indicate the source of such goods even if not known.
• Service marks – any word, name, symbol, trade dress, medium, logo, design, color, sound, smell, shape, form, object or combination thereof that is used by a natural or legal person in commerce or that a natural or legal person bona fide intends to use in commerce in order to distinguish or identify the services offered by it from those offered by another person and to indicate the source of such services even if not known.
• Certification Marks – any word, name, symbol, image or trade dress, means, logo, design, color, sound, odor, shape, object or combination thereof which is used to certify the origin, material, mode of manufacture, quality, reliability or other common characteristics of goods or services marketed thereunder and which is used in commerce by a person other than its owner or holder; or which its owner or holder bona fide intends to permit a person other than the owner or holder to use the same in commerce.
• Collective Marks – a trademark or service mark that is used by the members of a cooperative, association, or other collective group or organization; or that such cooperative, association, or collective group or organization bona fide intends to use in commerce and applies for registration for the same. In addition, it includes marks indicating membership in a union, association or other organization.

Can a trademark or trade name that has not been used in commerce be registered?

Yes, Act No. 169-2009 allows applying for the registration of a trademark that has not been used in commerce in Puerto Rico. In these cases, the owner will have three (3) years from the filing date to prove that he/she began to use the trademark in commerce in Puerto Rico by filing online the declaration of first use. On the other hand, the Act requires, as a condition to maintain the referred registration active, that the registrant files the declaration of continuous use and, subsequently, the renewal of the trademark registration.
‍
Article 18 of the Law indicates that every registrant must file the declaration of continuous use as an indispensable requirement to maintain the validity of their trademark registration. This must be filed between the 5th and 6th year from the filing date of the application for registration. Article 19 of the Law establishes that every trademark registration shall remain in force for ten (10) years from the filing date of the application for registration. They may renew the trademark registration between the 9th and 10th year from the expiration date of the ten (10) year period for which it was initially issued or renewed.
‍
On the other hand, Act No. 75-1992 allows for the registration of a trade name that has not been used in commerce in Puerto Rico. In such cases, the owner shall have five (5) years following the registration date to prove its use in commerce through an affidavit of use. The registration of a trade name shall remain in effect for ten (10) years and may be renewed within the year before the date on which the term for which it was originally issued or renewed expires.

How do I apply for a Trademark or Trade Name Registration and who can do it?

A trademark or trade name may be registered by its owner or representative according to Regulation No. 8075 or Regulation No. 4873, respectively. The owner may be an individual, a corporation, or an association. Registering a trademark or trade name can be requested through the Online Registration System. To apply, click here.