Last week, Governor Fortuño signed into law Senate Bill 1827. SB 1827 was a series of amendments to the newly enacted Trademark Act of Puerto Rico. The amendments bring several important changes to the Trademark Act, namely:
1) It reduces the time an applicant can wait after filing an “intent to use” application from five (5) to three (3) years. The application can be extended for one more year if such request is filed before the end of the third year;
2) Clarifies that a mark which may cause a likelihood of confusion is barred from being registered (the language was not clear in the Act);
3) Provides for the holder of a Federal trademark registration to be able to “deposit” the registration before the Puerto Rico Trademark Office and thus, give notice within the Island; and
4) Provides that a mark will be considered abandoned following three (3) years of abandonment.
This law is one of several that have been enacted in the past few years, making this legislative term (cuatrenio) the most productive ever for Intellectual Property. Below is the bill as enacted.
