Trademark Registration in Dominican Republic

Overview

The Dominican Republic operates under a first-to-file trademark system, meaning registration is the primary way to establish rights in a mark. However, prior rights can be established through at least six continuous months of use before a third-party filing date.

The approximate time from application to registration (without opposition) is two and a half months, making it one of the fastest jurisdictions in Latin America and the Caribbean. Trademarks are filed with ONAPI (Oficina Nacional de la Propiedad Industrial).

Key Facts at a Glance

Advantages of Trademark Registration

• Provides prima facie evidence of ownership and validity
• Provides regional, national, and local protection
• Allows use of the ® symbol to demonstrate ownership
• Gives the registrant access to bring actions in courts (criminal actions require registration)
• Deters others from unlawfully using the trademark
• Provides a defense to infringement claims
• Enforcement of a registered mark is faster and less costly than an unregistered mark (unregistered marks can only be enforced through civil action)
• Encourages licensees and provides royalty-generating opportunities through licensing

Registrable Trademark Types

• Words — word marks and brand names
• Names — personal names used as trademarks
• Devices/Logos — graphical designs and symbols
• Three-dimensional shapes — product shapes and packaging — Must be capable of being reproduced graphically
• Color combinations — distinctive color arrangements — Single colors may be difficult to register without secondary meaning
• Slogans — advertising taglines and phrases
• Sounds — audio marks — Must be capable of graphical representation (e.g., musical notation)
• Trade dress — overall commercial appearance
• Collective marks and certification marks

Important Notes for Specific Products

Use of an unregistered mark is not legal for certain product categories in the Dominican Republic. These include pharmaceutical products, toiletries, tobacco products, industrial chemical products, food and drink products, and veterinary products. All of these require a prior permit from the Sanitary Ministry, and the permit application must include a registered trademark certificate.

The Dominican Republic is one of four countries (along with Cuba, Honduras, and Indonesia) that brought a complaint before the WTO against Australia's plain packaging regime for tobacco products.

Application Requirements

• Full name and address of the applicant
• Clear representation of the trademark
• List of goods or services with NICE class number
• Power of attorney (requirements vary — simple signed letter may suffice)
• Priority document if claiming Paris Convention priority (6-month window)

The Registration Process

• Filing: Application is submitted to ONAPI (Oficina Nacional de la Propiedad Industrial)
• Formal Examination: ONAPI reviews the application for completeness and formal requirements
• Substantive Examination: The office examines the mark for registrability, distinctiveness, and conflicts with prior rights
• Publication: If accepted, the mark is published in the official gazette for opposition
• Opposition Period: Third parties have 45 days from publication to file an opposition
• Registration: If no opposition, the trademark is registered and the certificate is issued

Post-Registration

Trademark registrations in the Dominican Republic are valid for 10 years from the date of registration and are renewable for successive 10-year periods. There is no mandatory use requirement for maintaining registration, but a mark may be subject to cancellation for non-use after three consecutive years without justification.

Renewal applications should be filed before the expiration date. A grace period is available after expiration with payment of a surcharge.

Why Choose Proxario for Dominican Republic Trademarks

As a firm headquartered in Santo Domingo, Proxario has direct access to ONAPI and extensive experience navigating the Dominican Republic's trademark system. We offer flat-fee pricing covering all government fees, filing, prosecution, and certificate delivery — with no hidden costs. The DR's fast 2.5-month registration timeline makes it an excellent jurisdiction for companies needing quick brand protection in the Caribbean.