Noticias y publicaciones

Recent changes in the practice of the Dominican PTO

Dominican Government issued Decree no. 260-18 which modifies the implementing regulations of IP Law 20-00 by expediting the trade name registration process and implementing a mandatory e-filing system.

On 11 July 2018 the Government issued Decree no. 260-18 which introduced relevant changes in the filing practice, namely

  • an even quicker registration process for trade names, by means of which trade name applications will be registered, in the absence of Office actions, in 1 day as of the filing date; and
  • a mandatory e-filing system for new trade name and trademark applications.

This decree shall enter into force on 11 August 2018.

Why does this matter

The amendments show a commitment from the National Office to shorten turnaround times and to foster digital proceedings.

Which are the challenges

  • The new system will foster the filing of trade name registrations, which may create an artificial blockage for new trademark applications.
  • The lack of technical resources of the Dominican PTO does not allow a real e-filing system. E-filing applications currently need to be validated by hand in order to ensure a proper filing date.

What should trademark owners expect

Besides the additional burden for the preparation of trademark applications, an increasing number of Office actions based on trade name registrations is expected.

For more information please contact Pamela Hernandez (pamela.hernandez@minino.com.do).