do business in the Dominican Republic - Pellerano & Herrera

Pellerano & HerreraAttorneys at lawSigns that may be used in commerce to describe the product,Generic or scientific denominations of the product, colours, etc.,Signs contrary to public order or moral,Signs that make ridicule of people, religions, countries or others,Signs that may deceive the public as to the nature or qualities of the product,etc.Other prohibitions are related to existing rights, including the following:Signs similar to registered (or already in-use) trademarks for similar orrelated products, or similar to registered labels, commercial names oremblems,Signs copying, imitating or translating notorious signs, when the similaritymay lead to confusion,Signs that affect the personality rights of third persons, or the name, image orprestige of companies or organisations,Signs that violate existing intellectual property rights, etc.Registration applications may be filed with the National Office of IndustrialProperty, which after having verified within the following fifteen days that therequest complies with the respective formalities and other requirements setforth in the law, gives notice of its decision to the applicant. If the office hasdecided that the trademark may be registered, it orders its publication, and thirdparties may object to registration within forty-five days thereafter.After the expirationof this term, the office decides on the objections and grants or rejects therequest.Registration is granted for a period of 20 years,renewable for consecutive 10-yearperiods. Renovation applications must provide proof of use of the trademark.Registration grants the exclusive right of use over the trademark and entitles itsholder to object to any use of the registered trademark made in any mannerwhatsoever by third parties, apart from usual commercial indications.Furthermore, the trademark holder cannot object to the use of its trademark by athird party,in relation to legitimately marked products that the holder itself or a personwith the holder's consent or economically related thereto, has put into commerce,whether in the country or abroad, provided that the products or their packagingor labelling has not suffered any modification, alteration or deterioration.c) Trade NamesLaw 20-00 protects distinctive signs such as trade names, labels, emblems, slogans,appellations of origin, etc.The exclusive right to use a trade name does not arise from registration, but fromits first commercial use. Protection is granted in the absence of registration andends with the abandonment of the name, which takes place when the name hasstopped being used by its holder for more than five years. However, for commercialslogans, the right of exclusive use arises from registration.Trade names cannot be formed of indications or signs that go against publicorder or moral, or that may create confusion among the public regarding the113