Trademark oppositions in Dominican Republic are governed under Articles 80 and 154 of the Industrial Property Law enacted in 2000. The concerned authority is National Office of Industrial Property (ONAPI).
- Filing Notice of Opposition – Any third party may file an opposition against a published mark within 45 days from its publication. All the evidence in support of opposition may be submitted at the time of filing the opposition. Within 10 days of receiving the opposition, ONAPI will serve the notice of opposition to the Applicant.
- Filing of Counter Statement – Upon receipt of the notice of opposition, the applicant must file a response within 30 days along with any evidence in support of application. Upon receiving the counter statement, the ONAPI shall serve the same on the Opponent within 10 days.
- Reply to Counter Statement – Upon receiving the counter statement, the Opponent may file their reply to applicant’s response along with any evidence within 30 days. However, this step is not mandatory.
- Decision & Order – After hearing the parties, reviewing their arguments, submissions and considering the evidence, the Director will issue a written decision within 3 months of expiry of last deadline.
Appeal to Decision of the Opposition
As per Article 157 of the Industrial Property Law, an appeal can be filed within 15 days from notification date of written decision to the General Director.
General Director’s decision can be appealed in the Appellate Court within 30 days of the decision.
For more information on trademark opposition in Dominican Republic, please write to us at foreign.opp@ssrana.com.