How to Register a Trademark in Dominican Republic
A brand that took a decade to build in Miami or Madrid can be claimed in Santo Domingo with a single filing — by someone else. Dominican law rewards whoever registers first, and companies that postpone the paperwork while they “test the market” often discover their own name already sitting on the register.
The governing statute is Industrial Property Law 20-00 and its Regulations. Under that law, a trademark is any sign, or combination of signs, capable of graphic representation and suitable to distinguish one company’s products or services from another’s. That covers words and logos, but also labels, slogans and other distinctive elements.
Registration is not mandatory. It is, however, the only reliable path to exclusivity. A registered mark lets its owner block competitors from selling similar or identical goods under the same sign, adds a measurable asset to the balance sheet, anchors license and franchise agreements, and secures the right to keep using the brand. An unregistered mark offers little of that. Once granted, a Dominican registration lasts ten years and can be renewed indefinitely.
The National Office of Industrial Property — ONAPI, by its Spanish acronym — administers the system and reviews every application for the minimum filing requirements under Law 20-00 and Regulation 599-01, as amended.
The registration process, step by step
The application filed before ONAPI must identify the mark, the goods and services it will cover under the International Nice Classification, the applicant’s name and address, and — where the mark includes a design — a printable digital version of it. A foreign applicant who is not a Dominican resident must also grant a power of attorney, duly notarized and apostilled. Every document must be filed in Spanish or translated by a Dominican certified legal interpreter.
Once ONAPI approves the application administratively, the mark is published in the Official Gazette and any third party has 45 days to oppose the registration. If no opposition arrives, ONAPI issues the Trademark Registration Certificate. The full process typically takes about three months. Government fees vary with the type of mark and the number of Nice classes covered.
The mistake foreign owners make
The most common — and costly — assumption is that a United States or European registration protects the brand in the Dominican Republic. It does not. Trademark rights are territorial, and the country does not participate in the international one-stop filing systems many multinationals rely on elsewhere, so protection here requires a national filing before ONAPI. A trademark lawyer in the Dominican Republic will usually run a prior-rights search before filing, precisely to catch conflicts before the opposition window does.
If you are bringing a brand into the Dominican market — or renewing, licensing or defending one already here — our intellectual property team can take the process from search to certificate.
Do you want more information about our services for registering a trademark in the Dominican Republic? Contact Us.
Disclaimer: This publication is not intended to provide advice or suggest a guaranteed outcome as individual situations will differ and the situation may have changed since publication. For specific advice on the information provided and related topics, please contact the author.
© Arthur & Castillo ®. All Rights Reserved.