Cabinet Juridique Guzman Ariza, Avocats et Notaires depuis 1927, Republique Dominicaine.

Law #20-00 on Industrial Property (Marks: Title II, Articles 70 to 137)

TITLE II

ON DISTINCTIVE SYMBOLS

CHAPTER I

DEFINITIONS

Article 70.- Concepts Used.

For purposes of this law, the following terms are understood as indicated below:
a) Mark: any visible symbol that serves to distinguish the products or services of a company from the products or services of other companies;
b) Collective Mark: a mark whose holder is a collective entity which groups together persons authorized to use the mark;
c) Certification Mark: a mark applied to products or services of third persons, the characteristics or quality of which have been certified by the holder of the mark;
d) Commercial Name: the name, denomination, designation or abbreviation that identifies a business or establishment;
e) Sign: any visible symbol used to identify a specific commercial location;
f) Logo: any figurative symbol used to identify a business;
g) Distinctive Symbol: any symbol constituting a mark, a commercial name, a sign or a logo;
h) Geographic Indication: any name, denomination, expression, image or symbol that indicates, directly or indirectly, that a product or service originates in a country, in a group of countries, in a region, in a locality or in a specific place;
i) Appellation of Origin: a geographic indication comprising the denomination of a country,of a region or a specific place used to designate a product originating in the same, the quality, reputation or other characteristic of which is attributable essentially to the geographic location where it is produced, including natural and human factors; it will be also considered as an “Appellation of Origin”, the appellation which, without being a geographic name,identifies a product as originating in a country, region or place;
j) Well-known Distinctive Symbol: a distinctive symbol known by the relevant sector of the public or in the business circles in this country, or in international trade, independently of the way or means by which it may have become known.

CHAPTER II

MARKS

SECTION I

RIGHTS TO A MARK

Article 71.- Acquisition of the Right to a Mark.

1) The right to exclusive use of a mark is acquired by means of its registration.
2) The person who has been using the mark in this country, without interruption and in good faith, from the earliest date, shall have preference in obtaining the registry of a mark. For these purposes, use for less than six months shall not be taken into account. If a mark has not been in use in this country, the first person to file the corresponding application shall have preference.
3) The provision in the preceding paragraph shall be construed without prejudice to the priority rights that may be invoked by the parties.

Article 72.- Symbols considered as Marks.

1) Marks may consist, among other things, of words, fantasy denominations, names,pseudonyms, commercial slogans, letters, numbers, monograms, figures, portraits, labels, shields, stamps, cartoons, borders, lines and bands, combinations and arrangements of colors and three-dimensional forms. They may likewise consist of the form, presentation or conditioning of the products or their containers and wrappings, or of the means and places of dispensing products or services.
2) Without prejudice to the other provisions of this law and other applicable regulations, marks may also consist of local or foreign geographical indications, provided that they are sufficiently arbitrary and distinctive in connection with the products or services to which they are applied, and their use is not likely to create confusion with respect to the origin, source, qualities or characteristics of the products or services for which the marks are used.

Article 73.- Marks Not Admissible for Reasons Intrinsic to the Symbol.

1) A symbol included in any of the following prohibitions shall not be registered as a mark:
a) Usual or customary forms of the products or their containers, or forms that are necessary or imposed by the very nature of the product or service in question;
b) Forms which give a functional or technical advantage to the product or service to which they are applied.
c) Forms which consist exclusively of a symbol or an indication that can be used business to qualify or describe some characteristic of the products or services in question;
d) Forms consisting exclusively of a symbol or an indication which, in the current language or in the business usage of this country, is a generic designation, common or usual for the products or services in question, or is the scientific or technical name of a product or service, so as to distinguish them from the same products or analogous or similar services;
e) Forms consisting a single color considered in isolation;
f) Forms not having sufficient distinctive character with regard to the products or services to which they are applied, to differentiate them from analogous or similar products or services;
g) Forms contrary to morals or public policy;
h) Forms consisting of symbols, words or expressions that ridicule or tend to ridicule persons, ideas, religions or national symbols, of other countries or of international entities;
i) Forms may deceive the commercial media or the public as to the origin, nature, method of manufacture, qualities, aptness for use or consumption, quantity or any other characteristic of the products or services in question;
j) Forms that reproduce or imitate an appellation of origin registered pursuant to this law for the same products, or for different products, if there is a risk of confusion with respect to the origin or other characteristics of the products, or a risk of taking unfair advantage of the prestige of the appellation of origin, or forms consisting of a geographic indication which does not comply with the provision of Article 72, numeral 2);
k) Forms reproducing or imitating coats of arms, flags and other emblems, rubrics, denominations or abbreviations of denominations of any State or any international organization, without the authorization of the competent authority of the State or the international entity in question;
l) Forms reproducing or imitating official control or warranty symbols adopted by a State or a public entity, without the authorization of the competent authority of that State;
ll) Forms reproducing coins or bills of legal tender legal in the territory of any country, securities or other commercial instruments, tax stamps or any other tax instrument.
m) Forms including or reproducing medals, prizes, diplomas or other elements implying that the products or services in question have obtained prizes for excellence, except if such prizes have been in fact been awarded to the applicant or his or her assignor, and this is substantiated at the time of applying for registration;
n) Forms including the designation of a variety of vegetation protected in the country or in another country, if the symbol is destined for products or services relating to that variety r its use is likely to cause confusion or association with that variety;
ñ) Forms in contradiction with any provision in this or any other law;
o) Forms identical or resembling, so as to induce the public into error, a mark whose registration has expired or has not been renewed, or which has been cancelled upon the request of its holder, and which, applied to those same products or services or other products or services that by their nature might be associated with those, unless one year has passed after the date of expiration or cancellation.
2) Notwithstanding the provisions set forth in letters c), d) and e) of numeral 1), a symbol may be registered as a mark when it is verified that because of its constant use in this country, the mark has acquired a sufficient distinctive character in business circles and to the public at large, in connection with the products or services to which it is applied.

Article 74.- Marks Inadmissible because of Rights of Third Parties.

A symbol shall not be registered as a mark when its registration may affect a right of a third party.
The following cases, among others, will be reputed to affect the rights of a third party:
a) When the mark is identical to, or resembles enough to create confusion, a mark that has been registered or is in process of registration, within the terms of Article 75 et seq, by a third party as of a previous date, which describe the same products or services, or products or services that are different but might be associated or connected with those which the earlier mark describes;
b) When the mark is identical to, or resembles enough to create confusion, a mark that has not been registered but has been used by a third party who would have better rights to obtain the registry, provided that the mark is for the same products or services, or for products or services that are different but might be associated or connected with those that the used mark describes;
c) When the mark is identical to or resembles a commercial name, a sign or a logo used or registered in this country by a third party as of an earlier date, provided that confusion might be caused in the case;
d) When the mark consists of a complete or partial reproduction, imitation, translation or transcription of a distinctive symbol which is widely known in the country by the relevant sector of the public, notwithstanding the products or services to which the symbol is applied, when its use might cause confusion, a risk of association with that third party, an unfair advantage of the well-known character of the symbol, or a dilution of its distinctive power of its commercial or publicity value;
e) When the mark affects the personal rights of a third party, especially regarding the name, signature, title, affectionate nickname or portrait of a person different from the one applying for the registration, unless the consent of that person is obtained or, in case of his death, that of his closest descendants or ascendants.
f) When the mark affects the name, image or prestige of a legal collective entity, or a local, regional or national entity or collectivity, unless the express consent of that person or of the competent authority of that entity or collectivity is obtained.
g) When the mark infringes upon a preexisting copyright or a right to industrial property or has been applied for in order to perpetrate or consolidate acts of unfair competition.

SECTION II

PROCEDURE FOR REGISTRY OF A MARK

Article 75.- Application for Registration.

1) The applicant for a registry may be an individual or a corporation.
2) The application shall be filed in the National Office for Industrial Property and shall include the following:
a) Name and domicile of the applicant;
b) Name and domicile of the representative in this country, when the applicant has neither domicile nor an office in the country;
c) The designation of the mark to be registered, when the mark is a nominative mark.
d) Reproductions of the mark when the marks are denominative, stylized, with particular shapes, types or colors, or figurative, mixed or three-dimensional, with or without color;
e) A list of products or services for which it is desired to protect the mark, grouped by classes according to the International Classification of Products and Services in effect, with an indication of the number of each class.
f) The documents or authorizations mandated in the cases set forth in Articles 73 and 74, if required;
g) The signature of the applicant or his or her duly empowered representative, if any; and
h) Proof of payment of the established fee.

Article 76.- Filing Date of the Application.

1) The date of receipt of the application by the National Office of Industrial Property shall be considered as the filing date, provided that the application contains at least the following elements:
a) An indication that the registration of a mark is being requested;
b) The identification of the applicant;
c) The designation of the mark to be registered, or reproductions of the same when it is a question of figurative, mixed or three-dimensional marks with or without color; and
d) A list of the products or services for which it is desired to protect the mark, as well as the indication of the classes to which the products or services belong.
2) If the application filed omits any of the elements indicated in the preceding paragraph, the National Office of Industrial Property shall notify the applicant to remedy the omission. Until such time as the omission is remedied, the application shall be considered as not filed.

Article 77.- Division of the Application.

1) The applicant may divide his or her application at any time during the application process, in order to separate into two or more applications the products or services contained in the list of the initial application. The division shall not be admitted if it implies a broadening of the list of products or services presented in the initial application, but the list may be reduced or limited.
2) Each fractional application shall keep the filing date and right of priority, if applicable, of the initial application. From the time of the division, each fractional application shall be independent. The publication of the application carried out before making the division shall be effective for each fractional application.

Article 78.- Examination as to Form.

1) The National Office of Industrial Property shall determine if the application complies with the provisions in Article 75 and the pertinent regulatory provisions.
2) In case some of the requirements of Article 75 or of the regulations are not met, the Office shall notify the applicant to remedy the error or omission within 30 days, under penalty of abandonment of the application If the error or omission is not remedied in the established term, the Office shall make the abandonment effective.

Article 79.- Examination as to Substance

1) The National Office of Industrial Property shall determine if the mark incurs in any of the prohibitions set forth in Articles 73 and 74 letter a). The Agency may examine, on the basis of the information at hand, if the mark incurs in the prohibition established in Article 74 letter d).
2) In case the mark incurs in any of the referred prohibitions, the Office shall notify the applicant, indicating the objections preventing the registration and giving him a term of 60 days to withdraw, amend or limit the application, or to respond to the objections made, as the case may be. Should the indicated term pass without the applicant having responded, or if, having done so, the Office still considers the objections made as valid, the registration application shall be denied by a motivated resolution.

Article 80.- Publication, Opposition and Issuance of the Certificate.

1) Once the examination of the application has been completed, the National Office of Industrial Property shall order the publication of an announcement of the application for registration, at the expense of the applicant, in the official journal of the National Office of Industrial Property.
2) Any third party may enter an opposition to the application within 45-day period from the publication of the announcement referred to in numeral 1.
3) When the period for the presentation of oppositions has elapsed, the National Office of Industrial Property shall decide, by one single resolution, both the registration application and the oppositions that may have been entered, in accordance with the procedure established in Article 154. If it is decided to grant registration, a certificate of registration of the mark shall be issued to the holder, containing the data set forth in the regulatory provisions.

SECTION III

DURATION AND RENEWAL OF THE REGISTRATION

Article 81- Term of the Registration.

The registration of a mark expires ten years after the date the registration has been granted.

Article 82.- Renewal of the Registration.

The registration of a mark may be renewed for successive periods of ten years counted from the date of expiration of the preceding period.

Article 83.- Procedure for Renewal of the Registration.

1) The application for renewal of a registration must be accompanied by an affidavit stating the frequency and manner of use of the mark, as well as proof of use as determined by regulation. The renewal of a registration shall be carried out by simply paying the renewal fee, within the six months preceding the date of expiration. The renewal may also be made within a grace period of six months from the expiration date of the registration, in which case a surcharge must be paid, in addition to the corresponding renewal fee. The registration of the mark remains in full force during the grace period.
2) Upon renewal, no amendments or extension of the list of products or services for which the mark was registered shall be introduced, however, the holder of the mark may reduce or limit said list.
3) A certificate shall be issued confirming the registration of the renewal, mentioning any reduction or limitation made in the list of products or services that the mark describes. After the issuance of said certification, the Office shall publish the renewals in the official journal at the applicant’s expense.

Article 84.- Extending the Products or Services Covered.

In order to extend the list of the products or services covered by a registered mark it is necessary to carry out a new registration of the mark for the additional products or services to be covered. Such registration shall be requested and processed in accordance with the provisions established for the registration of marks.

Article 85.- Divisions of the Registration

1) The holder of a registration may request at any time that the registration of the mark be divided so as to separate the products or services indicated in the initial registration into two or more registrations.
2) Once the division has been carried out, each separate registration shall be independent, but shall keep the concession and expiration dates of the initial registration. Their renewals shall be made separately.

SECTION IV

RIGHTS, OBLIGATIONS AND LIMITATIONS OF THE REGISTRATION

Article 86.- Rights Bestowed by the Registration.

1) The registration of a mark bestows upon its holder the right to act against any third party who, without the consent of the holder, performs any of the following actions:
a) Applies, affixes or posts in any fashion a distinctive symbol identical or similar to the registered mark on products for which the mark has been registered, or on containers, wrappings, packaging or treatments of such products, or on products that have been produced, modified or treated by services for which the mark has been registered, or which in some other way can be connected to those services;
b) Suppresses or modifies the mark which the holder or an authorized person has applied, affixed or placed on the products referred to in the preceding letter;
c) Makes labels, containers, wrappings, packaging or other analogous elements reproducing or containing a reproduction of the registered mark, as well as marketing or possessing such elements;
d) Refills or reuses for commercial purposes containers, wrappings or packaging that with the mark;
e) Uses commercially a symbol identical or similar to the mark for the same products or services for which the mark has been registered, or for different products or services when the use of such a symbol on those products or services might create confusion or the risk of association with the holder of the registration;
f) Uses commercially a symbol identical or similar to the registered mark when such use might cause error or confusion to the public, or might cause unfair economic or commercial harm to its holder because of a dilution of the distinctive power or of the commercial value of the mark or because of an unfair utilization of the prestige of the mark.
g) Uses publicly a symbol identical or similar to the mark, even for noncommercial purposes, when it might cause a dilution of the distinctive power or of the commercial value of the mark or an unfair utilization of the prestige of the mark.
2) For the purposes of this law, the following acts, among others, constitute the commercial use of a symbol:
i) Introducing into business, selling, offering for sale or distributing products or services with the symbol;
ii) Importing, exporting, warehousing or transporting products with the symbol;
iii) Using the symbol in publicity, publications, documents, written or oral commercial communications.

Article 87.- Limitation of Rights for the Usage of Certain Indications.

1. The holder of a registered mark may not prevent a third party from using in business in relation to products or services:
a) His or her name and address, or those of his or her business establishments;
b) Indications or information about the characteristics of the products or services produced or marketed by the third party, such as quantity, quality, utilization, geographic origin or price;
c) Indications or information about the availability, use, application or compatibility of the products or services of the third party, particularly in connection with replacement parts or accessories.
2) The limitations indicated in the preceding paragraph shall apply, provided that usage is made in good faith, and is unlikely to create the risk of confusion, and does not constitute an act of unfair competition.

Article 88.- Limitation of Rights through Extinction.

1) The registration of the mark does not confer upon its owner the right to prohibit a third party from the use of the mark in relation to legitimately marked products, which the holder or some other person with the consent of the holder or economically linked to the holder, has introduced into the market, in this country or abroad, provided that those products and the containers or packaging in immediate contact with such products, have not been modified altered or deteriorated.
2) It is understood that two persons are economically linked when one can exercise decisive influence, directly or indirectly, over the other, in regards to the exploitation of the mark, or when a third party can exercise such influence over both persons.

SECTION V

TRANSFER OF AND LICENSE FOR THE USE OF A MARK

Article 89.- Transfer of a Mark.

1) The rights relating to a mark that is either registered or in process of registration may be transferred by an act inter vivos or by inheritance.
2) Transfer may be made independently of the business or of part of the business of the mark holder, and with respect to all or some of the products or services that the mark describes.
When the transfer is limited to one or some of the products or services, the registration shall be divided and a new registration shall be issued in the name of the assignee.
3) A transfer relating to a mark that is registered or is in process of registration shall have legal force for third parties only after being recorded in the National Office of Industrial Property.
The recording of the transfer shall be subject to the established fee.
4) A commercial slogan must be transferred together with the mark symbol with which it is associated, and its period of effectiveness shall be subject to that of the symbol.
5) The Regulation shall establish the conditions and documents necessary to record the transfer.

Article 90.- License for the Use of a Mark

1) The holder of the mark may grant a license to use the mark. A license for a mark that is registered or in process of registration shall have legal force for third parties only after being recorded in the National Office of Industrial Property. The recording of the license shall be subject to the established fee.
2) In the absence of a stipulation to the contrary, the following rules shall apply to the licensing contract:
a) The licensee shall have the right to use the mark during the entire period of
effectiveness of the registration, including its renewals, in all of the territory of this country and with respect to all of the products or services for which the mark has been registered;
b) The licensee shall not assign the license or grant sub-licenses;
c) The license shall not be exclusive; the licensor may grant other licenses to use the mark in this country, as well as use the mark himself in the country;
d) When an exclusive license is granted, the licensor shall not grant other licenses for the use of the mark in this country, nor shall he use himself the mark in this country.

Article 91.- Quality Control.

Upon the request of any interested person and after hearing the holder of the mark, a competent court may annul the registration of the licensing contract and prohibit the use of the mark by the licensee when, due to deficient quality control or to an abuse of the license, there may occur confusion deception or damage to the public.

SECTION VI

TERMINATION OF THE REGISTRATION OF A MARK

Article 92.- Nullity of the Registration.

1) At the request of any interested person, the National Office of Industrial Property shall declare the registration of the mark null and void if it has been made in violation of any of the prohibitions set forth in Articles 73 and 74.
2) The registration of a mark cannot be declared null and void on grounds that have ceased to be applicable at the time of the resolution of annulment. When the grounds for annulment only apply to one or some of the products or services for which the mark was registered, it shall be declared null and void only for those products or services which shall be removed from the respective list in the registration of the mark.
3) The request for a declaration of annulment can be lodged as a defense or as a counterclaim in any action for infringement of a registered mark.
4) An action for annulment based on a better right of a third party to obtain the registration of the mark can only be lodged by the person claiming such right.
5) A request for annulment based on a violation of Article 74 must be filed within five years after the date of the contested registration. The action for annulment shall have no time limit when the contested registration has been made in bad faith, or when it was based on a violation of Article 73.

Article 93.- Cancellation of the Registration for Non-Use of a Mark.

1) At the request of any interested party, the National Office of Industrial Property shall cancel the registration of a mark when the same has not been used in this country for an uninterrupted period of three years preceding the date on which the cancellation action is initiated. The request for cancellation shall not be applicable before three years have passed counting from the date of the registration of the mark. The registration shall not be cancelled when there are justifiable reasons for the lack of use.
2) The cancellation of a registration for lack of use of the mark can also be requested as a defense against a request for a declaration of annulment of the registration of the mark or against an action for infringement of a registered mark. In these cases the cancellation shall be decided by the National Office of Industrial Property upon considering the main action being heard.

Article 94.- Definition of the Use of a Mark.

1) It is understood that a mark is in use when the products or services that it distinguishes have been put on the market or are available in the national market under that mark, in the quantity and manner normally appropriate, taking into account the size of the market, the product in question, the nature of the products or services in question and the ways in which its marketing is carried out.
2) It shall also be understood that a mark is in use when employed in connection to products destined for exportation from the national territory, or in connection to services rendered abroad from the national territory.
3) The use of a mark in a way that differs from the way in which it was registered only insofar as elements which do not alter the distinctive character of the mark, shall not be ground for the cancellation of the registration, and shall not diminish the protection corresponding to the mark.

Article 95.- Provisions Relating to the Use of a Mark.

1) Situations caused by circumstances beyond the control of the holder of the mark, which the holder has been unable to avoid or remedy, are considered justifiable reasons for not using a mark. Economic or technical resources insufficient to carry out a productive or commercial activity, or the insufficiency of demand for the product or service which the mark distinguishes, are not considered justifiable grounds.
2) When considering the circumstances for not using the mark, the actions already carried out by the holder toward its effective use shall be taken into account, provided that they show a serious intention to put the mark into use and such use is imminent.
3) When the non-use of a mark affects only one or some of the products or services for which the mark was registered, the resolution of cancellation of the registration shall be for a reduction or limitation of the list of the products or services included in the registration of the mark, by removing those products or services with respect to which the mark has not been used.

Article 96.- Proof of Use of the Mark.

1. The burden of proof of the use of the mark is upon the holder of the mark.
2. Use of the mark shall be confirmed by any proof admitted by law which shows that the mark has been used in accordance with the provisions of Article 94.
3. All evidence of use of a mark presented for the purposes of this law shall have the force of sworn statements, the holder of the mark being responsible for its veracity.

Article 97.- Cancellation or Limitation of the Registration by Request of the Holder.

1. The holder of a mark may at any time request from the National Office of Industrial Property the cancellation of its registration, or that the list of products or services for which the mark has been registered be reduced or limited. The established fee shall be paid for the request for cancellation, reduction or limitation of the registration.
2. When a lien, attachment or any other property restriction has been recorded against the mark in favor of a third party, the cancellation can only be recorded after the filing of a written statement with the authenticated signature of that party by virtue of which consent is given for the cancellation.

CHAPTER III

COLLECTIVE MARKS

Article 98.- Applicable Provisions.

The provisions of chapter II of this title are applicable to collective marks, except for the special provisions contained in this chapter.

Article 99.- Application for Registration of a Collective Mark.

1. The application for the registration of a collective mark must indicate that the mark is a collective mark, and must include the regulation for the use of the mark.
2. The regulation for the use of the collective mark must detail the common characteristics or the qualities in common of the products or services for which the mark will be used, the conditions and ways under which the mark may be used and the persons who shall have the right of use. It must also contain provisions toward ensuring and controlling that the mark is used according to the regulation of use and provide sanctions for any use in violation of said regulation.

Article 100.- Examination of the Application for Registration of the Collective Mark.

The examination of the application for a collective mark shall include the verification of requirements of Article 99. The protection of foreign collective marks shall not be refused to any collective body whose existence is not contrary to the law of its country of origin, due to the fact of not being established in the Dominican Republic or of not having been formed according to Dominican Law, unless the mark is contrary to the national public order.

Article 101.- Registration and Publication of a Collective Mark.

1. Collective marks shall be recorded in the registry of marks. A copy of the regulation for use of the mark shall be included in the registry.
2. The publication of the registration of a collective mark shall include a brief summary of the regulation of use of the mark.

Article 102.- Changes in the Regulation for Use of a Collective Mark.

1. The holder of a collective mark shall advise the National Office of Industrial Property of any changes made in the regulation of use of the collective mark.
2. Changes in the regulation for use of the mark shall be recorded in the registry upon payment of the established fee, and shall become effective only after they are recorded.

Article 103.- License of a Collective Mark.

A collective mark cannot be the object of a license for use in favor of persons different from those authorized to use the mark according to the regulation of use of the mark.

Article 104.- Use of the Collective Mark.

1. The holder of a collective mark may use the mark for himself, provided that the mark is also
used by the persons authorized to do so pursuant to the regulation of use of the mark.
2. The use of a collective mark by the persons authorized to do so is considered as carried out by the holder.

Article 105.- Nullity of the Registration of a Collective Mark.

The National Office of Industrial Property, at the request of any interested party, shall declare null and void the registration of a collective mark, pursuant to the procedure established in Article 154, in any of the following cases:
a) The mark was registered in violation of Articles 73 or 74;
b) The regulation of use of the mark is in violation of morals or public policy.

Article 106.- Cancellation of the Registration of a Collective Mark.

Upon the request of any interested party, the National Office of Industrial Property, pursuant to the procedure of Article 154, shall cancel the registration of a mark, in any of the following cases:
a) If the mark is not used for a period of three years, minimum, by the persons authorized to do so pursuant to the regulation of use, irrespective of any use by the holder.
b) The holder of the mark uses the mark or allows it to be used in violation of the provisions of the regulation of use, or uses or allows the use of the mark in such a way as to deceive the business community or the general public with regards to the origin or any other characteristic of the products or services for which the mark is used; likewise the cancellation of the mark may be declared when the holder tolerates such illicit use or ignores it due to lack of sufficient control.

CHAPTER IV

CERTIFICATION MARKS

Article 107.- Applicable Provisions.

The provisions of Chapter II shall be applicable to certification marks, subject to the special provisions contained in this chapter. Likewise, Articles 105 and 106 shall be applicable with regards to the annulment and cancellation of the registration.

Article 108.- Ownership of a Certification Mark.

A local or foreign company or institution, either private or public, or a state, regional or national agency, can be the holder of a certification mark.

Article 109- Registration Formalities.

1. The application for registration of a certification mark shall be accompanied by the regulation of use of the mark indicating the products or services that may be the object of certification by its holder and establishing the characteristics guaranteed by the presence of the mark and the way in which control shall be exercised over such characteristics before and after the authorization of use of the mark.
2. The regulation of use shall be approved by the administrative authority having jurisdiction over the product or service in question, and shall be recorded together with the mark. The regulation for application of this law shall determine the conditions and requirements that must be met by the regulation of use of a certification mark.

Article 110.- Use of a Certification Mark.

1. The holder of a certification mark may authorize the use of the mark by a third party, provided that said authorization complies with the regulation of use of the mark.
2. A certification mark may not be used in connection with products or services produced, rendered or marketed by the holder of the mark.

Article 111.- Charges and Transfer of a Certification Mark.

1. A certification mark shall not be subject to any charges or liens or seizures or any other preventive or judicial order.
2. A certification mark may only be transferred with the entity that is the holder of the registration. In case of dissolution or disappearance of the holding entity, the certification mark may be transferred to another appropriate entity, with the prior authorization of the relevant authority.

Article 112.- Reservation of an Expired Certification Mark.

A certification mark whose registration expires and is not renewed, or has been cancelled or annulled at the request of the holder, or is not used due to the dissolution or disappearance of the holder, shall not be used or registered as a distinctive symbol by a person different from the holder, for a period of five years counted from the expiration, cancellation, annulment, dissolution or disappearance of the mark, as the case may be.

CHAPTER V

COMMERCIAL NAMES, SIGNS AND LOGOS

SECTION I

COMMERCIAL NAMES

Article 113.- Acquisition of the Right to a Commercial Name.

1. The right to exclusive use of a commercial name is acquired by virtue of its first use in business. A commercial name shall be protected without any obligation of registration, whether or not it is part of a mark.
2. The right of exclusive use of a commercial name terminates with the abandonment of the name.
3. A commercial name is abandoned when it ceases to be used in business by its holder for more than five consecutive years without justifiable cause. The abandonment must be declared in accordance with Article 154 of this law.

Article 114.- Disallowed Commercial Names.

A commercial name shall not be made up, in whole or in part, of a designation or other symbol which, by its nature or by the use that might be made of it, is in violation of morals or public policy, or is likely to cause confusion in the business community or in the general public with regards to the identity, nature, activities or any other aspect related to the business or establishment identified by that commercial name, or with regards to the products or services produced or marketed.

Article 115.- Protection of the Commercial Name.

1. The holder of a commercial name has the right to act against any third party who, without the consent of the holder, carries out any of the following acts:
a) Uses in business a distinctive symbol identical to the commercial name.
b) Uses in business a distinctive symbol resembling the commercial name, if its use may cause confusion.
2. The provisions established in Article 75 and preceding, shall be applicable to the protection of the commercial name, if appropriate.

Article 116.- Registration of a Commercial Name.

1. The holder of a commercial name may register it in the National Office of Industrial Property. The registration of the commercial name is declaratory with respect to the right to exclusive use of the same. Said registration shall have the effect of establishing a presumption of good faith regarding the adoption and use of the commercial name.
2. A commercial name shall be registered for a period of ten years, and may be renewed consecutively for equal periods of ten years. The registration may be cancelled at any time at the request of the holder.
3. The registration of a commercial name in the National Office of Industrial Property shall be made without prejudice to the provisions relating to the registration of businessmen and civil and commercial entities at the pertinent public registries, and without prejudice to the rights resulting from such registrations.

Article 117.- Procedure for the Registration of a Commercial Name.

1. The registration of a commercial name and its amendments and annulment shall be carried out in accordance with the procedures established for the registration of marks, insofar as isappropriate, and shall result in the payment of the fees established for the registration of marks. The National Office of Industrial Property shall examine the application to verify if the name is in violation of Article 114.
2. The classification of products and services used for marks shall not be applicable to the registration of commercial names.

Article 118.- Transfer of a Commercial Name.

1. The transfer of a business or establishment implies the transfer of the commercial name which identifies it, unless there is agreement to the contrary.
2. The transfer of a registered commercial name may be recorded in the National Office of Industrial Property by virtue of any public document proving the transfer. The recording of the transfer shall be carried out according to the procedure applicable to the transfer of marks, as appropriate, and shall result in the payment of the fees established for that procedure.

Article 119.- Cancellation of a Commercial Name.

1. At the request of any interested party and after hearing the holder, the National Office of Industrial Property shall cancel the registration of a commercial name that is not in compliance with the provisions of this law.
2. At the request of any interested party, the National Office of Industrial Property shall cancel the registration of a commercial name that has been abandoned.

Article 120.- Application of Provisions concerning Marks.

The registration of a commercial name shall be governed, insofar as it may be applicable, and insofar as no specific provision to the contrary exists, by the provisions established in this law for marks.

SECTION II

SIGNS

Article 121.- Protection of a Sign.

A sign used in a business shall be protected in accordance with the provisions relating to commercial names, insofar as is appropriate. The sign may be registered according to those provisions.

SECTION III

EMBLEMS

Article 122.- Protection of an Emblem.

An emblem used by a business shall be protected in accordance with the provisions relating to commercial names. The emblem may be registered according to those provisions.

SECTION IV

COMMERCIAL SLOGANS

Article 123.- Registration of a Commercial Slogan.

1. The exclusive right to use a commercial slogan shall be obtained through registration in the office of the National Office of Industrial Property.
2. The application for registration of a commercial slogan must specify the mark for which it will be used.
3. No commercial slogans containing allusions to similar products or marks or expressions that might damage such products or marks shall be registered.
4. A commercial slogan must be transferred together with the mark symbol with which it is associated and its period of validity shall be subject to that of the symbol.
5. The registration of a commercial slogan shall be in effect for 10 years as of the date of filing of the application and can be renewed for like periods while the mark to which it refers is in force.
6. All relevant provisions contained in the chapter for marks shall apply to commercial slogans.

CHAPTER VI

GEOGRAPHIC INDICATIONS

SECTION I

GEOGRAPHIC INDICATIONS IN GENERAL

Article 124.- Use of Geographic Indications.

A geographic indication shall not be used commercially in connection with products or services when such indication is false or deceptive with regards to the origin of the product or service, or when its use is likely to cause confusion to the public regarding the origin, quality, characteristics or qualities of the product or service.

Article 125.- Indications Relating to the Merchant.

Without prejudice to the standards for cutting and packaging, a merchant may place its name and domicile on the products to be sold, even when the products are from a different place, provided that the name or domicile is presented together with a precise indication, in sufficiently prominent characters, of the place of manufacture or production of the products, or with any other indication sufficient to avoid any error about the true origin of the products.

Article 126.- Actions against the Incorrect Use of Geographic Indications.

Any interested party, and in particular the producers, manufacturers and craftsmen, consumers and the Public Prosecutor may bring action, individually or jointly, before the competent authorities for any purpose relating to the compliance of what is set forth in Article 124.

SECTION II

APPELLATIONS OF ORIGIN

Article 127.- Registration of Appellations of Origin.

1. The National Office of Industrial Property shall keep a registry of appellations of origin, in which the appellations of domestic origin shall be registered, at the request of one or several producers, manufacturers or craftsmen, having their production or manufacture in the region or the locality in the country corresponding to the appellation of origin, or by an entity grouping them together, or at the request of any competent public authority.
2. Foreign producers, manufacturers or craftsmen, or the entities grouping them together, as well as the competent public authorities from foreign countries, may register foreign appellations of origin, if a provision to that effect has been included in an agreement or treaty to which the Dominican Republic is a party, or when reciprocity of treatment is granted to the citizens and residents of the Dominican Republic in the corresponding foreign country.

Article 128.- Prohibitions to the Registration.

The following symbols shall not be registered as appellation of origin:
a) Those that are not in compliance with the definition of Article 70, letter I);
b) Those that are contrary to good morals or to public policy, or that might lead the public to error concerning the origin, nature, method of manufacture, characteristics or qualities, or the aptness for use or consumption of the respective products; or
c) Those that are the common or generic denomination of a product, a denomination being considered common or generic when it is regarded as such both by those who are knowledgeable about that type of product and by the general public.

Article 129.- Application for the Registration of an Appellation of Origin.

1. The application for registration of an appellation of origin shall indicate:
a) The name, address and nationality of the applicant or applicants and the place where their production or manufacturing establishments are located;
b) The appellation of origin requested;
c) The geographic area of production to which the appellation of origin refers;
d) The products for which the appellation of origin is used;
e) A summary of the essential qualities or characteristics of the products for which the appellation of origin is used.
2. The registration of origin can be applied for together with the generic name of the respective product or an expression related to that product, but the protection conferred by this law does not extend to the generic name or expression used.
3. The application for registration of an appellation of origin shall be subject to the established fee.

Article 130.- Procedure for the Registration of an Appellation of Origin.

1. The application for registration of an appellation of origin shall be examined in order to verify:
a) That the requirements of Article 129, numeral 1) and the corresponding regulatory provisions are met;
b) That the appellation of origin requested is not included in the prohibitions set forth in Article 128; and c) The procedures relating to the review and publication of the application, to the opposition and the registration of the appellation, shall be governed by the provisions applicable to the registration of marks, insofar as they are relevant.

Article 131.- Concession of the Registration of an Appellation of Origin.

1. The resolution by which the registration of an appellation of origin is granted, and its recording in the corresponding registry, shall indicate:
a) The geographic area of production to which the appellation of origin refers, the producers, manufacturers or craftsmen who shall have the right to use said appellation;
b) The products to which the appellation of origin shall apply;
c) The essential qualities or characteristics of the products covered by the appellation of origin, except for those cases in which, due to the nature of the product or some other circumstance, it is not possible to specify such characteristics.
2. The registration of an appellation of origin shall be published in the journal of the National Office for Industrial Property.

Article 132.- Term and Amendment of the Registration of an Appellation of Origin.

1. The registration of an appellation of origin shall have indefinite duration.
2. The registration of the appellation of origin may be amended at any time if any of the elements referred to in Article 131, numeral 1) changes. The amendment of the registration shall be subject to the established fee and to the procedure set forth for the registration of appellations of origin, insofar as it may be applicable.

Article 133.- Right of Use of a Registered Appellation of Origin.

1. A registered appellation of origin may be used for commercial purposes, for the products indicated in the registration, only by the producers, manufacturers or craftsmen who carry out their activity within the geographic area indicated in the registration.
The use of the appellation of origin by unauthorized persons shall be considered an act of unfair competition subject to sanction as per the relevant statute.
2. All producers, manufacturers or craftsmen who carry out their activity within the geographic area and in connection with the products indicated in the registration, have the right to use the registered appellation of origin, even in the case that they were not among those who applied for registration.
3. Actions relating to the right to use a registered appellation of origin shall be brought before the National Office for Industrial Property.

Article 134.- Annulment of the Registration of an Appellation of Origin.

1) At the request of any party listed in Article 126, the Registry of Industrial Property shall declare the nullity of the registration of an appellation of origin when in noncompliance with one of the exclusions set forth in Article 128.
2) At the request of any party listed in Article 126, the Registry of Industrial Property shall cancel the registration of an appellation of origin when it is shown that the qualities or characteristics indicated in the registration regarding the products designated by the appellation of origin do not correspond to those of the products put on the market with such appellation. However, the interested parties may apply anew if the conditions to be protected have been restored.