P.R. Laws tit. 10, § 223o

2019-02-20 00:00:00+00
§ 223o. Declaration of use as a condition for the registration to continue in force

Every principal registrant shall file an affidavit stating that the mark is in use in commerce in Puerto Rico, along with a specimen or specimens, in the form and number prescribed by the Secretary through regulations. The declaration of use referred to in this section shall be filed once between the fifth (5th) and sixth (6th) years, but not later than the sixth (6th) year after the filing date of the application for registration, as an essential requirement to maintain the registration in effect. If the principal registrant fails to file the affidavit after the six (6)-year period has elapsed, such registration shall be cancelled.

However, if the declaration of use and the corresponding evidence of use are not filed before the expiration of the six (6)-year term established herein, the principal registrant may file such declaration upon payment of a fee provided by the Secretary through regulation, provided that it is filed within six (6) months immediately following the expiration of such term. Once this term elapses, the registry shall be cancelled.

The provisions in this section do not apply to registrations made under Act No. 63 of August 14, 1991, as amended.

History —Dec. 16, 2009, No. 169, § 18; July 12, 2011, No. 124, § 6.