Online Services Information
To meet the demands of the citizens and advancing technology, Puerto Rico Trademark and Trade Name Office (PRTO) now provides many online services. PRTO currently provides a free tool to search for marks and trade names registered and/or filed in the Department of State. Furthermore, it offers additional payment options. Now, there is no need to purchase treasury vouchers because fees are paid with a credit card (AMEX, MC, & Visa). For your security all data sent between your computer and this site is encrypted using the latest technology (SSL). Credit card information used during a transaction is not stored and therefore never accessible to anyone. Proof of payment for any transaction is generated and received instantaneously.
These services are available online 24/7 and can be accessed from the comfort of your home or office. For those citizens without internet access, the Department of State has a computer center that is available free of charge for online filings.
To see the other services offered by the Department of State visit the following website: http://www.estado.pr.gov
Directory
Telephone
Directory by Office
A. Auxiliary Secretariat for Services – exts. 4200
B. Trademark Registry and Trade Name– exts. 4201-4205
C. Electronic Services - ext. 4402-4404
Comments
Comments regarding online trademark services ay be sent to
marcas@estado.pr.gov
. We appreciate any comments that will help us improve our service.
General Information
The PRTO Online System allows the logged in user to perform the following:
- Submit Mark/Trade name/US Deposit Application
- Submit transactions for marks and trade names
- Create and Validate Certificates of Existence and Filing
- Search by mark/trade name, description, literal elements, disclaimer, international class, goods or services, status, owner, registration number, filing number, filing date, and representative, among others.
- Pay using Credit Card.
- Save applications in progress and let users continue editing and later submit the transaction.
User Accounts
The PRTO Online System allows users to create accounts and to login using the said accounts. Access to System functionality will be restricted based on the User Type. Furthermore, the System enables users to manage accounts and registers any changes made. The System monitors user accounts periodically and stores inactive and unused accounts.
User Account Types
There are two types of user accounts that can be created. The following table lists the user accounts and the corresponding actions allowed depending on selected account type:
|
Account Type |
Registration Required? |
Actions Allowed |
|
Guest User |
No |
Advanced Search |
|
Registered Public User |
Yes |
Advanced Search |
Create Account
To create an account the user must provide their name, an email address that will be used as a login ID, a physical address, a mailing address and a phone number.
Passwords
Once a user has created an account, the System will assign a temporary password which has a limited time of use before expiring. If the temporary password is not changed before its expiration time, the user will have to request a new temporary password, which must be change at the time.
The password must be composed of a minimum of eight (8) characters which must contain at least one capital letter, one lower case letter, one number and one special character. Example: Pass#835.
If the user forgets their password the System will allow the user to reset it. If a user attempts to reset a password more times than allowed during a specified period the System will lock the account. For example, 5 attempts in 1 day.
User may not share his or her user name and password with anyone. Each user must have a unique username and password.
My Account
A registered user may edit their account information when deemed necessary. To edit the user account information the user will be required to enter their existing password in order to authorize the changes that will be made. The System will then generate and send an Account Modification notification via email.
The user can also change their password if necessary. To change their password the user will be required to enter their old password, new password, confirm new password, and save the process. The System will then generate and send a Password Change notification via email.
Trademark Search
The System allows users to search marks using specified search criteria, such as:
- Application Type (Mark or Trade Name)
- Mark (word/slogan) or Trade Name
- Other Text (All, Description, Disclaimer, Miscellaneous, Literal Elements)
- Filing Number
- Registration Number
- US Registration Number (for US Deposits)
- Filing Date
- Owner
- Representative
- Goods or Services
- Goods or Services Description
- International Class
- Status
- Mark Type (Word, Design, Sound, Color, Flavor, Scent, Slogan, Trade Dress)
- Application Type (Trademarks or Trade Names)
My Transactions
General Information
All transactions that have been filed by the user will be listed in
this section for user’s records. All information relevant to the
transaction and uploaded supporting documents will be available by
clicking on the Transaction number.
To file further transactions, search for the mark or trade name and
click on the filing number to proceed. All transactions available can be
paid with credit cards or vouchers. The system will provide users with a
receipt for all completed transactions and an email notification will
be sent to the filer once the transaction is completed. All uploaded
documents by users will be made available for public view once the
transaction has been approved by the PRTO.
How to File a New Transaction
In
order
to submit a transaction, users will need to perform the following
instructions:
- Login
to your user account
- Perform
a search and click on the Filing Number
- Click
on “Select Transaction, Certificate, Grace Period or Extension” located
in the upper right corner of the mark information.
- Select
a Transaction Type from the dropdown menu.
- Upload
any supporting documents if required.
- For
Change of Owner transactions it will be required to fill out the new
owner information. For Renewals and Statement of Use transactions it
will be required to review the goods or services and specimen. For all
other transactions please upload the transaction document.
- Fill
out the necessary information in the “Review and Pay” section.
- Fill out payment method information.
- Process
Payment
- Verify
My Transactions to view the transaction details and documents
Transaction Types
The following are the transactions that are available online. For more information regarding the transaction please view the Trademark Registry Procedure Code available on the home page.
| Type of Transaction | Trademark Registry Procedure Code (No. 8075) | Act No 169-2009 |
|---|---|---|
| Amendment to Transaction | Article 15 | |
| Cancellation | Rule 43 | Article 20 |
| Cancellation Response | Rule 43 | Article 20 |
| Cancellation Response Extension | Rule 43 | Article 20 |
| Change of Owner - Assignment | Rule 52 | Article 21 |
| Change of Owner - Conversion | Rule 52 | Article 21 |
| Change of Owner - Enforcement of Lien | Rule 52 | Article 21 |
| Change of Owner - Merger | Rule 52 | Article 21 |
| Change of Owner - Name Change | Rule 52 | Article 21 |
| Change of Owner - Other | Rule 52 | Article 21 |
| Change of Owner - Transfer | Rule 52 | Article 10 |
| Change of Owner Address | Rule 9 | |
| Change of Representative | Rule 8 | |
| Change of Representative Address | Rule 9 | |
| Correction to New Application | Rule 33 - 36 | Article 14 |
| Evidence of Publication | Rule 37 | |
| File - Attachment | Rule 42 | |
| File - Duplicate | Rule 42, 43 | |
| File - Motion | Rule 26, 39, 42 | |
| File - Reply | rule 42, 43 | |
| Licensing Agreement | Rule 52 | |
| Lien | Rule 52 | Article 11 |
| Lien Withdrawal | Rule 52 | |
| Motion to Reconsider Resolution of Cancellation | ||
| Office Action Argument Response | Rule 26-27 | |
| Office Action Response | Rule 26-27 | |
| Office Action Response Extension | Rule 26-27 | |
| Opposition | Rule 55 | Article 8 |
| Opposition Extension | Rule 55 | Article 8 |
| Opposition Response | Rule 55 | Article 8 |
| Opposition Response Extension | Rule 55 | Article 8 |
| Order Certificate of Existence | ||
| Order Certificate of Filing | ||
| Publication to Online Gazette | Rule 37 | |
| Reconsideration | Rule 26 | |
| Renewal | Rule 49 | Article 19 |
| Renewal Grace period | Rule 49 | Article 18 |
| Revive Evidence of Publication | Rule 29 | |
| Revive Office Action Response | Rule 29 | |
| Revival- Other | Rule 29 | |
| Statement of Continued Use | Rule 50 | Article 18 |
| Statement of Continued Use Grace Period | Rule 50 | Article 18 |
| Statement of First Use | Rule 40 | |
| Statement of First Use Extension | Rule 41 | |
| Statement of Use | Rule 50 | |
| US Deposit Renewal | Rule 53 | |
| Voluntary Cancellation | Rule 47 | |
| Withdrawal | Rule 30 | Article 14 |
Change of Representative
This type of transaction allows users to change/update information regarding the mark or trade name’s representative. Here users will be able to update this information by paying a fee of $10.00. Users may select from the following options for change of representative if applicable.
- Attorney. If the user is an attorney this option will be made available.
- Owner
- Officer of the Corporation
Once the user has selected which representative type he wishes to update the system will display this information on the review page. Once the transaction has been confirmed and payment has been processed, the user account information shall be updated to the Representative section on the trademark application in the PRTO website.
Register Mark
The PRTO Online System is designed to electronically manage the registration of new trademark applications. The user shall begin the registration process by selecting the option of Register Mark. The process to complete an application to register a mark involves a 5 steps. Submit information regarding: Owner, Representative, Mark, Goods or Services and Method of Payment.
Users may also file other transactions by clicking on the mark’s filling number in order to view the list of available transactions for their mark.
Owner Information
The owner information section is used to select if the owner
of the trademark to be registered is an individual, a corporation
registered in Puerto Rico or an Entity such as a Corporation not
registered in Puerto Rico, an Association, etc.
The System accepts the following types of owners:
- Same as User - indicates that the owner is the same as the user that is logged in the System.
- Individual - indicates that the owner is an individual different from the user that is logged in the System. The user may search for owners saved from previous applications.
- Corporation Registered in Puerto Rico - indicates that the owner is a corporation that is registered in the Department of State and is different from the user that is logged in the System. The user will be required to search and select the corporation from the PRDOS Corporation data base.
- Other - indicates that the owner is an entity that is not registered in PRDOS and is different from the user that is logged in the System.
The information required for the owner is Name, Physical Address, Mailing Address, Phone and Email.
Representative Information
The representative information section is used to select the representative for the owner of the mark to be registered. The representative can be the mark’s owner, a corporate official or partner, or an attorney.
The following are the different types of representatives the System accepts:
- Owner - indicates that the owner is the same as the user that is logged in the System and the owner of the mark to be registered.
- Corporate Official - indicates that the logged in user is a person authorized to represent the corporation and to file and complete the application and related transactions.
- Attorney - indicates that the logged in user is an attorney licensed in Puerto Rico. The attorney acts as the legal representative of the owner of the mark and is authorized to file and complete the application
The sections for Name, Physical Address, Mailing Address, Phone, Fax and Email will be populated automatically.
Mark Information
In this section you will index the mark; mark type; drawing; translation (if the mark consist of words or characters in a language other than Spanish or English), if applicable; mark description and disclaimer (generic or descriptive words and other matter such as corporate descriptors, like Inc.” or “Corp.”), if applicable.
For marks that are words, slogans, scents or flavors a drawing is not required.
For marks that are designs, trade dress and colors a drawing in .JPG or .TIFF format must be uploaded as the mark file.
For marks that are sounds a file in .WAV, .WMV, .MP3 or .AVI format must be uploaded as the mark file.
US Deposits
The criteria to file a US Deposit which is a mark that is registered in the federal office (commonly known as the USPTO), are similar to the ones required to file a new application of a mark. However, it requires additional criteria such as:
- US Registration Number
- US Registration Date
- US Certificate of Registration
In addition, if the mark has been renewed in the USPTO, the Last Renewal Date will also be required.
Goods or Services Information
In this section you must enter the goods or services to which the mark will apply according to the Nice Agreement. The goods or services can be selected through a search function by international class or keyword. If the mark is used in commerce of Puerto Rico, you must click the checkbox under the filing basis “In Use” that appears beside the listing of the goods or services. On the contrary, if the mark is not in use in commerce of Puerto Rico, you must click the checkbox under the filing basis “Intent To Use”. The goods or services selected may be reviewed and removed at any point of the process prior to payment.
The PRTO uses the Acceptable Identification of Goods and Service Manual (ID Manual) provided by USPTO. Currently, this manual has not been translated to Spanish. Please use search terms and keywords in English to refine your searches. If you are not familiar with the English language or do not wish to use this identification format, you can index the goods or services manually by clicking “Custom” in “Search Mode”. For more information on how to use said option, please refer to the section that follows.
You can select more than one good or service per international class. You can also select more than one international class for each mark. If that is the case, click “Add Class” and repeat the process of selecting the goods or services explained above.
Please click “Save” after each selection.
For marks “In Use”, the date of first use in commerce of Puerto Rico must be specified and an evidence of use must be uploaded (specimen). For US Deposit, specify the date of first use in the United States as indicated at the USPTO.
For marks filed as “Intent to Use”, the date of first use and the evidence of use are not required.
An applicant must pay a filing fee of $150.00 for each class of goods or services selected. Upon submission, the System will create applications corresponding to the number of classes selected. For example, if 3 different classes were selected the System will create 3 separate applications, one for each class. In addition, applications with goods or services in the same class but with different filing basis (in use or intent to use) are considered separate marks with an individual application with the corresponding filing fee.
Goods and Services Information (Custom)
In this
section Applicant can describe, in your own words, the goods or services
to which the mark will apply by clicking “Custom”, and then “Search”.
Then you will click “In Use” if the mark is used in commerce of Puerto
Rico and “Save”. A pop up window will appear where you can fill out the
goods or services to which the mark will apply.
Review Application
Before filing the application, review it carefully in order to ensure the accuracy of the information entered. If corrections need to be made, click on the corresponding link to make the required changes. Furthermore, in this section the user may upload any supporting documents considered necessary for the evaluation of the application.
Signature
To sign the application the user must accept the declaration under penalty of perjury and request that the mark be registered according to the Trademark Act. The user is not required to upload their signature.
Filing Receipts
When process is completed, an email confirming the successful submission will be generated and sent to the specified email address. The invoice will be available in the User’s account under the "My Receipts" tab. The invoice will include the following:
- Receipt number
- Receipt date
- Applicant
- Applicant email address
- Owner
- Transaction
- Filing Fee
- Payment method
- Payer name
- Reference
- Total Payment
Register Trade Names
The PRTO Online System is designed to electronically manage the
registration of new trade name applications. The user shall begin the
registration process by selecting the option of Register Trade Name. The
process to complete an application to register a trade name involves a 5
steps. Submit information regarding: Owner, Representative, Trade Name,
Nature of Business and Method of Payment.
Owner Information
The owner information section is used to select if the owner
of the trade name to be registered is an individual, a corporation
registered in Puerto Rico or an Entity such as a Corporation not
registered in Puerto Rico, an Association, etc.
The System accepts the following types of owners:
- Same as User - indicates that the owner is the same as the user that is logged in the System.
- Individual - indicates that the owner is an individual different from the user that is logged in the System. The user may search for owners saved from previous applications.
- Corporation Registered in Puerto Rico - indicates that the owner is a corporation that is registered in the Department of State and is different from the user that is logged in the System. The user will be required to search and select the corporation from the PRDOS Corporation data base.
- Other - indicates that the owner is an entity that is not registered in PRDOS and is different from the user that is logged in the System.
The information required for the owner is the name, email address and telephone number and the physical and mailing address of the principal place of business and its telephone number.
Representative Information
The representative information section is used to select the representative for the owner of the trade name to be registered. The representative can be the trade name’s owner, a company official or partner, or an attorney.
The following are the different types of representatives the System accepts:
- Owner - indicates that the owner is the same as the user that is logged in the System and the owner of the trade name to be registered.
- Corporate Official - indicates that the logged in user is a person authorized to represent the corporation and to file and complete the application and related transactions.
- Attorney - indicates that the logged in user is an attorney licensed in Puerto Rico. The attorney acts as the legal representative of the owner of the trade name and is authorized to file and complete the application.
The sections for Name, Physical Address, Mailing Address, Phone, Fax and Email will be populated automatically.
Trade Name Information
In this section the Applicant must index the trade name, the translation (if the trade name consist of words in a language other than Spanish or English), and disclaimer, if applicable.
Nature of Business Information
The nature of service information section is used to describe
the primary purpose of the business. This section will require the
Applicant to specify whether the trade name is ‘In Use’ in the Commerce
of Puerto Rico or if it is ‘Intended for Future Use’.
Requirements:
- ‘In Use’ – Applicant must specify the ‘Date of First Use’ and upload the ‘Specimen’ or evidence of how the trade name is being used in commerce of Puerto Rico. In addition, Applicant must upload a ‘Municipal License’, ‘Usage Permit’ or ‘Merchant Registration Certificate’.
- Intended for Future Use – Applicant must upload a ‘Municipal License’, ‘Usage Permit’ or ‘Merchant Registration Certificate’.
Review Application
Before filing the application, review it carefully in order to ensure the accuracy of the information entered. If corrections need to be made, click on the corresponding link to make the required changes. Furthermore, in this section the user may upload any supporting documents considered necessary for the evaluation of the application.
Signature
To sign the application the user must accept the declaration under penalty of perjury and the request that the trade name be registered according to the Trade Name Act. The user is not required to upload their signature.
Filing Receipts
Filing Receipts When process is completed, an email confirming the successful submission will be generated and sent to the specified email address. The invoice will be available in the User’s account under the "My Receipts" tab. The invoice will include the following:
- Receipt number
- Receipt date
- Applicant
- Applicant email address
- Owner
- Transaction
- Filing Fee
- Payment method
- Payer name
- Reference
- Total Payment
My Receipts
This section allows users to view a list of the receipts of all the transactions filed. Users can also view the payment details of each transaction by locating the receipt number.
My Requests
General Information
The purpose of the My Requests page is to provide representatives of marks and trade names a mechanism to access them and have them accessible on their My Marks page. Each request will be individually reviewed. Once a claim is approved, the mark or trade name will be linked to the representative’s account and available on My Marks page.
Add a New Request
To add a new request, click on the My Requests tab, click on the Add New button and complete the Filing or Registration number information. Click on the Add to List button. Add any supporting documents using the Upload button, complete the Formal Request and Signatures section and click on the Save button.
Requirements
The following information is required in order to process a claim:
- Manner in which the request is to be added (Filing or Registration Number)
- The Filing Number or Registration Number
- Access Type
- Confirm acknowledgment and agreement with the Declaration Under Penalty of Perjury
- Confirm the access request to the said mark or trade name
Optional Requirements
The following information is optional, but can be useful in facilitating the evaluation process if provided.
- Comments regarding the claim request
- Upload of supporting Documents
Claim Evaluation
All submitted claims will go through an evaluation process to assure claim requirements are met. Depending on the evaluation results the examiner will either approve the request or request more information. If more information is requested, it should be uploaded at Supporting Documents. If the information provided does not support the access request, it will be rejected and the mark or trade name will be available to be claimed through the process previously stated.
Withdraw Application
A claim request can be withdrawn by the petitioner at any moment as long as the request has not been approved. To withdraw a request click on the My Requests tab, click on the Request number, and then click on the Withdraw Request button.
PRTO Official Gazette
When marks are approved for publication, representatives with user accounts will be able to access the “Publication to Online Gazette” transaction by clicking on the mark’s filing number. Representatives that are Non-Registered users will need to create a user account in the PRTO online system in order to publish the mark online.
This transaction can be paid with a credit card or voucher. Once the payment has been processed, the publication will be available online the next day and will stay available for a period of 30 days.
INSTRUCTIONS TO PUBLISH IN THE GAZETTE
- Create an account on Puerto Rico Department of State On-Line Trademark and Trade Name System: https://prtmfiling.f1hst.com/
- Verify email to recover your temporary password. Please verify Inbox as well as Spam or Junk Mail since some emails providers may filter passwords in such a manner.
- On the “Login” page insert your username and temporary password, and then change your password.
- If you already have a user account, create a search
by entering the filing number of the mark.
- To file a new transaction click on the filing
number of the mark.
- Select the transaction type: Publish to Online
Gazette.
- Review the information that is filed.
- Fill out payment information.
- Select "Process Payment".
- To view the transaction documents go
to “My Transactions” page and press the transaction number.
On-Line Payments
All payments will be done online by credit card or vouchers validated by the Department of State.
Payment Options
Credit Cards
The Department of State of Puerto Rico accepts MasterCard, Visa, and American Express. Please make sure that the billing address information is the same as the one that appears on your credit card statement.
The information required consists of the credit card holder’s name, address where the account statement is sent, type of credit card, card number, and expiration date.
When filing support documents for transactions please take the necessary steps to protect all your personal information. To protect your privacy, you should delete such information from any documentation that you send to the Office. Please provide your credit card number only on the payment portion of the application.
Voucher:
You may also pay filing fees using a voucher at the “Review and Payment” section.
If you have a voucher in your account, a tab will appear where you can select the voucher to process the payment
Once
you’ve selected the voucher, you will see that the amount to be paid
for any transaction will be subtracted from the amount that appears in
the voucher that was placed in your account. When the balance reaches
$0.00 you can then proceed to “Process Payment”.
You can also use a voucher to make a partial payment and pay the remaining amount with a credit card.
The following table shows examples of filing fees depending on the combination of international class and filing basis selected:
The
following table shows examples of filing fees depending on the
combination of Goods or Services Classification selected and filing
basis, In Use or Intent to Use (ITU):
|
Goods or Services Classification Selected |
Use Base |
Example |
Filing Fee |
|
One international class |
In Use or Intent to Use |
Class 15 – In Use |
$150.00 |
|
One international class |
Both In Use and ITU |
Class 15 – In Use |
$300.00 |
|
Two international classes |
One filing basis for each international class |
Class 15 – In Use |
$300.00 |
|
Two international classes |
Two different filing basis for each international class |
Class 15 – In Use |
$600.00 |
The filing fee will increase depending on the applicant’s basis selected.
Fees
| Type of Transaction | Fee |
|---|---|
| Amendment to Transaction | $20.00 |
| Cancellation | $150.00 |
| Cancellation Response | $10.00 |
| Cancellation Response Extension | $30.00 |
| Change of Owner - Assignment | $10.00 |
| Change of Owner - Conversion | $10.00 |
| Change of Owner - Enforcement of Lien | $10.00 |
| Change of Owner - Merger | $10.00 |
| Change of Owner - Name Change | $10.00 |
| Change of Owner - Other | $10.00 |
| Change of Owner - Transfer | $10.00 |
| Change of Owner Address | $5.00 |
| Change of Representative | $10.00 |
| Change of Representative Address | $5.00 |
| Correction to New Application | $20.00 |
| Evidence of Publication | $0.00 |
| File - Attachment | $10.00 |
| File - Duplicate | $10.00 |
| File - Motion | $10.00 |
| File - Reply | $10.00 |
| Licensing Agreement | $10.00 |
| Lien | $10.00 |
| Lien Withdrawal | $10.00 |
| Motion to Reconsider Resolution of Cancellation | $10.00 |
| Notification of Abandonment Response | $0.00 |
| Office Action Argument Response | $10.00 |
| Office Action Response | $15.00 |
| Office Action Response Extension | $30.00 |
| Opposition | $150.00 |
| Opposition Extension | $30.00 |
| Opposition Response | $10.00 |
| Opposition Response Extension | $30.00 |
| Order Certificate of Existence | $15.00 |
| Order Certificate of Filing | $15.00 |
| Publication to Online Gazette | $75.00 |
| Reconsideration | $10.00 |
| Registration of Mark | $150.00 |
| Registration of Trade Name | $150.00 |
| Registration of US Deposit | $150.00 |
| Renewal | $150.00 |
| Renewal Grace period | $30.00 |
| Revival Other | $20.00 |
| Revive Evidence of Publication | $20.00 |
| Revive Office Action Response | $20.00 |
| Statement of Continued Use | $10.00 |
| Statement of Continued Use Grace Period | $30.00 |
| Statement of First Use | $10.00 |
| Statement of First Use Extension | $30.00 |
| Statement of Use | $10.00 |
| US Deposit Renewal | $150.00 |
| Voluntary Cancellation | $5.00 |
| Withdrawal | $10.00 |
Payment Receipts
When a transaction is completed and paid, the system will generate a receipt for each transaction. These can be viewed immediately after payment and will be available in the users “My Receipts” page.
Validate Certificate
Registered users now have the ability to validate certificates online. This feature can be found in the lower section of the PRTO homepage where you will find a hyperlink that reads “Validate Certificates”. Once you click on the hyperlink, the system will direct you to a new window, where it will require you to type in the validation number of the certificate you wish to validate. The certificate validation number is located in the bottom of your certificate. Users can validate certificates such as Certificate of Existence and/or a Certificate of Filing. Once the process has been completed, the user will receive an email for this transaction and will also have a copy of the validated certificate in the “Transaction Summary” section.