reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 211 - Protection of Puerto Rican products—Unlawful use of stamp or seal

Any producer, manufacturer or dealer who shall use the stamp or seal of guaranty of the Puerto Rico Association, after said Association has canceled his permit, or before the Puerto Rico Association may have issued him a permit to utilize said stamp or seal of guaranty, shall be subject to a fine of not less than five hundred ($500) nor more than five thousand dollars ($5,000).
History —Mar. 13, 1913, No. 50, p. 89, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 212 - Protection of Puerto Rican products—Liability of Association

The Puerto Rico Association shall not be responsible for any loss or damages that may be occasioned through the cancellation by said association of any permit to use the stamp or seal of guaranty of said Association.
History —Mar. 13, 1913, No. 50, p. 89, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 213 - Carbonated beverage containers—Registration by manufacturer

From the date on which this act takes effect, every manufacturer of carbonated beverages who registers for his exclusive use, in the Department of State, the container which he is to use, with its exclusive trademark, shall be entitled to have said container used only by the manufacturer in whose name it appears registered; Provided, That any manufacturer of carbonated beverages who reuses for bottling or for selling his products the bottles of a manufacturer of carbonated beverages who has such bottles registered in his name in the Department of State, and does so without the express written consent of the owner of that registered trademark, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment in jail for not more than sixty (60) days, or by both penalties, fine and imprisonment, in the discretion of the court.
History —Apr. 9, 1936, No. 13, p. 186, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 214 - Carbonated beverage containers—Regulations

The Commonwealth Board of Health of Puerto Rico is hereby directed to prepare the necessary regulations which, after being approved by the Governor of Puerto Rico, shall have the force of law for the enforcement of §§ 213—215 of this title.
History —Apr. 9, 1936, No. 13, p. 186, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 215 - Carbonated beverage containers—Enforcement

It shall be the duty of the Secretary of Health and of the officials under his orders—inspectors of health—as well as of the Police of Puerto Rico, to prefer charges against violators of §§ 213—215 of this title or of their regulations.
History —Apr. 9, 1936, No. 13, p. 186, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223a - Right to use a mark

The right to use a mark is acquired upon:
(1) The use of the mark in commerce, or
(2) the registration thereof based on the bona fide intention to use the mark in commerce.
History —Dec. 16, 2009, No. 169, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223b - Registration of trademarks

(a) Marks used in commerce.— The owner or holder of a trademark used in commerce may request registration of its trademark by filing:
(1) An application before the Secretary signed by the applicant or his/her representative in the form provided by the Secretary through regulations;
(2) a statement under perjury of law stating that:
(A) The mark is in use in commerce;
(B) to the best of his/her knowledge, no other person has the right to use such mark in Puerto Rico, and
(C) the description and specimens or drawings submitted truly represent the mark for which registration is requested;
(3) a specimen of the mark as used in commerce, in the form and number provided by the Secretary by regulations, and
(4) the amount corresponding to registration fees as provided by the Secretary through regulations.
(b) Marks not in use.— A person who has a bona fide intention to use a trademark in Puerto Rico may request registration of its trademark by filing:
(1) An application before the Secretary signed by the applicant or his/her representative in the form provided by the Secretary through regulations.
(2) A statement under perjury of law stating that:
(A) The applicant has the bona fide intention to use the mark in commerce;
(B) to the best of his/her knowledge, no other person has the right to use such mark in Puerto Rico, and
(C) the description and specimens or drawings filed, if applicable, actually represent the mark the registration of which is requested.
(3) A specimen of the mark as it shall be used in commerce, in the form and number provided by the Secretary by regulations, and
(4) The amount corresponding to registration fees as provided by the Secretary through regulations.
Within three (3) years counted as of the date of filing the application for registration of a mark not in use in commerce in Puerto Rico, as a condition to keep such registration in effect, the principal registrant shall attest under penalty of perjury and with proof of use that he/she began to use and is using such mark in commerce in Puerto Rico. After the abovementioned three (3)-year period has elapsed, if the principal registrant has failed to attest under penalty of perjury to the use of the mark in commerce in Puerto Rico, such registration shall be cancelled.
Notwithstanding the foregoing, the principal registrant of a mark not in use may apply, prior to the expiration of the three (3)- year term and for just cause, an extension of up to one (1) year to attest to the use required under this subsection, as provided by the Secretary through regulations.
History —Dec. 16, 2009, No. 169, § 4; July 12, 2011, No. 124, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223c - Unregistrable marks

No trademark which consists of the following shall be registered:
(1) Material contrary to the law, morality or public order.
(2) The flag, coat-of-arms or other insignia, sign or symbol of Puerto Rico or the United States or the states, municipalities, territories, cities, municipalities or foreign cities or nations, or any simulation thereof.
(3) A name, portrait, or signature identifying a particular living individual, except by his written consent. This provision shall not apply to surnames, except in the case that a particular individual is only known by his surname. Likewise, no trademark shall be registered which is primarily a surname, unless it has acquired distinctiveness by secondary meaning.
(4) Words descriptive of the goods or services in which the mark is used, unless they have acquired secondary meaning.
(5) Words to indicate the genre of the goods or services in which the mark is used.
(6) Shape or packaging when the nature, shape or packaging is essential to its function.
(7) Geographic names or terms indicating the source or origin of the goods or services, except when the same have acquired secondary meaning, or deceptive geographic terms. Geographic terms may be registered if there is no relation between the product and the geographic area in question. In other words, the arbitrary use of a geographic term is registrable as a mark, provided that the location whose name is sought to be used as mark, is not known as the producer of the goods sought to be identified with the mark.
(8) An equal or similar mark that is likely to cause confusion as to the source of the goods or services with another mark registered or used in commerce in Puerto Rico by another person and which is used or intended to be used for goods or services equal or similar to those of a mark already registered or previously used in commerce in Puerto Rico.
(9) A mark equal or substantially similar to a famous or notable mark of any country known to the relevant market in Puerto Rico, even if it is not used in Puerto Rico.
History —Dec. 16, 2009, No. 169, § 5; July 12, 2011, No. 124, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223d - Disclaimer of unregistrable matter

The Secretary may require an applicant to disclaim protection of an unregistrable component of a mark otherwise registrable. An applicant may voluntarily disclaim protection of a component of a mark sought to be registered.
Notwithstanding the foregoing, the disclaimer of an unregistrable component shall not prevent such component from acquiring secondary meaning in the future with all its rights, including access to the register.
Likewise, no disclaimer of a component shall impair the rights of an applicant over the mark registered in its entirety.
History —Dec. 16, 2009, No. 169, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223e - Filing of application

Once an application which meets the requirements of § 223b of this title has been filed, and the corresponding fees have been paid, the Secretary shall proceed to record the date and time of receipt and shall examine the application.
(a) If the registration of the mark is rejected, the Secretary shall notify the applicant, stating the reasons for the rejection.
(b) If the registration of the mark is approved, the Secretary shall notify the applicant for the latter to publish, once (1) in a newspaper of daily general circulation in Puerto Rico or in any other media outlet, as provided by the Secretary through regulations, a public notice stating the intent to register the mark. The public notice shall contain the name of the applicant, address, name of the mark, code of the class under which the application is filed, and a warning stating that any person injured by the application for registration shall have thirty (30) days to oppose to the same, following the process to be established by the Secretary.
History —Dec. 16, 2009, No. 169, § 7; July 12, 2011, No. 124, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223f - Opposition to registration, notice and sufficiency

Any person that considers he/she is injured by the registration of a mark can oppose said registration by filing a notice of opposition before the Secretary stating the grounds therefor, within thirty (30) days following the date of publication of the public notice. Notwithstanding the foregoing, the opposing party may request, before the term has elapsed and by just cause, an extension of up to twenty (20) days. The opposing party shall issue to the applicant a copy of the notice of opposition through certified mail with acknowledgement of receipt or by any other means with proof of delivery. The Secretary shall establish by regulations the procedure to be followed for the adjudication of the opposition.
History —Dec. 16, 2009, No. 169, § 8.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223g - Conflict

When two (2) or more applications for registration are object of qualification and are in conflict because of their similarity, the Secretary shall decide which one shall be registered and give notice of his/her decision to the affected party.
A duly registered mark not in use shall prevail over an application for registration of a mark subsequently filed, provided, that the provisions set forth in this chapter applicable to registered marks not in use are observed.
History —Dec. 16, 2009, No. 169, § 9; July 12, 2011, No. 124, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223h - Assignment of a mark

Any registered mark or application for mark registration may be assigned; Provided, That said assignment does not affect the term of effectiveness of the registration established in this chapter. Said assignment shall be made through a document in compliance with the requirements established through regulations by the Secretary. The Secretary shall record said assignments on the Register and issue the corresponding certificate.
History —Dec. 16, 2009, No. 169, § 10.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223i - Mark license or lien

The principal registrant of a mark may present a copy of the license granted to use a mark, to be included in the record of the mark at the Puerto Rico Trademark Office.
The owner of a lien or a mark may present a copy attesting to such lien at the Puerto Rico Trademark Office, to be included in the record of such mark.
History —Dec. 16, 2009, No. 169, § 11.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223j - Registration certificates

The Secretary shall issue mark registration certificates on behalf of the Government of Puerto Rico under the Great Seal of Puerto Rico.
The Secretary shall publish the granting of such certificates within a term of one (1) month as of the date of the registration. The publication shall include the same information for the public notice required for the registration of a mark.
A Mark Registration Certificate under the provisions of this chapter shall be prima facie evidence of the validity of the mark; of the use in commerce of the mark since the date stated in the certificate; of the principal registrant’s ownership of the mark; and of the principal registrant’s exclusive right to use the mark in commerce, subject to any conditions or limitations stated in the certificate.
History —Dec. 16, 2009, No. 169, § 12.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223k - Mark registration certificate as evidence

The records of registered marks, statements and documents filed therein, and the mark registration certificates signed and sealed as stated above shall be attesting evidence in any suit in which said marks are the subject of a controversy.
History —Dec. 16, 2009, No. 169, § 13.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223l - Voluntary withdrawal or amendment by principal registrant

The applicant or principal registrant may request the voluntary withdrawal of the application submitted or of the registration of a mark. The Secretary shall make the corresponding note on the record of the Department of State and issue a voluntary cancellation certificate to the applicant.
The principal registrant may amend part of his/her registration; provided that such amendment shall not substantially alter the mark. The Secretary shall make the corresponding note on the record of the Department of State and on the mark registration certificate. If the certificate is lost or destroyed, the note shall be made on a copy thereof.
History —Dec. 16, 2009, No. 169, § 14.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223m - Amendments to applications and documents

The amendments that, by request of the Secretary or by petition of the applicant, are to be made in the applications or other documents related to the registration of marks, may be made by the applicant him/herself or by a person duly authorized by him/her to conduct such transactions in Puerto Rico.
History —Dec. 16, 2009, No. 169, § 15.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223n - Correction of mistakes

(a) By Department. — Any mistakes by the Department shall be rectified by the Secretary, either motu proprio or by petition of a party. The Secretary shall issue a new document with corrections made, which shall have the same effect as the one originally issued.
(b) By applicant. — Any mistakes by the Department which are attributable to the applicant shall be rectified by the Secretary, either motu proprio or by petition of a party. The Secretary shall issue a new document with corrections made, which shall have the same effect as the one originally issued.
History —Dec. 16, 2009, No. 169, §§ 16, 17.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 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.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223p - Renewal of a mark registration

Every mark registration shall remain in effect for ten (10) years after the filing date of the application for registration, provided that the requirements of this chapter are met. Registration of a mark may be renewed from time to time for a like term. The principal registrant shall file an application as prescribed and provided by the Secretary through regulations. The renewal application shall be filed at any time within the year preceding the date of expiration of the ten (10)-year term for which the mark registration was originally issued or within the year next preceding the date of expiration of each ten (10)-year term for which the mark registration is renewed. The application for renewal of mark registration provided for in this section shall be filed along with an affidavit, as well as a specimen or specimens in the form and number provided by the Secretary through regulations, stating that the mark is in use in commerce in Puerto Rico.
However, after the aforementioned ten (10)-year term has elapsed, the principal registrant may file the application for renewal referred to in this section within six (6) months after the expiration of such term, by paying the fees provided by the Secretary through regulations. After said term has elapsed, the registration shall be cancelled.
If the Secretary refuses to renew a mark, he/she must notify the affected party stating the reasons for such refusal.
History —Dec. 16, 2009, No. 169, § 19; July 12, 2011, No. 124, § 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223r - Change of name, merger, consolidation or other changes

The corporations or juridical entities whose marks are registered or for which they have requested registration and that throughout their existence have suffered changes, such as, changes of name, mergers, consolidations, or any other similar change, may credit such change by filing at the Trademark Registry a certification issued by the Secretary of State or other official who has the custody of the official registry in the jurisdiction, under whose laws the same were underwritten, or other documents that according to the laws of the country in which these were underwritten shall suffice to vouch for such change.
The Secretary shall record such changes in the registry and issue the corresponding certificate.
History —Dec. 16, 2009, No. 169, § 21.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223s - Classes of goods and services for the registration of a mark

The classes for the goods and services shall be the international classes adopted from time to time by the United States Patent and Trademark Office or the World Intellectual Property Organization (WIPO).
History —Dec. 16, 2009, No. 169, § 22.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223t - Payable fees

The Secretary shall establish through regulations the corresponding fees for the registration of marks and any other procedures established in this chapter.
History —Dec. 16, 2009, No. 169, § 23.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223u - Rulemaking authority

The Secretary is hereby authorized to approve rules and regulations that are not incompatible with this chapter and which promote the proper operation of matters concerning marks included in this chapter.
History —Dec. 16, 2009, No. 169, § 24.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223v - Registration by deceit or fraud or in bad faith, and remedies

Any person who obtains the registration of a mark in the Department of State by means of a false or fraudulent statement or declaration shall be subject to an injunction, action for damages or seizure order by a principal registrant or any injured persons, who may choose to file any or all of the abovementioned actions. Furthermore, the court may order the cancellation of the registration obtained by means of deceit, fraud or bad faith.
The court shall fix the amount of the damages taking the following elements as basis: the gross profit made by the mark infringing party, by using the mark in question; the amount of the earnings that the principal registrant or the injured person failed to receive as the result of the actions of the defendant party; the diminishing returns that the actions of the defendant have caused the plaintiff; and any other factor that, in the judgment of the court, adequately quantifies the damages.
The court shall also fix the amount of the costs, fees, and expenses of the lawsuit.
History —Dec. 16, 2009, No. 169, § 25.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 223x - False origin designation of origin and false description

(a) Any person who, as to goods or services, uses in commerce any word, term, name, symbol, slogan, trade dress, medium, logo, design, color, sound, scent, shape, object or a combination thereof; or any false origin designation; or any false or misleading description of a fact; or any false or misleading representation of a fact, which:
(1) Is likely to cause confusion or mislead or deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, source, sponsorship, or approval of his/her goods, services, or commercial activities by another person, or
(2) in commercial advertising or in promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his/her or another person’s goods, services, or commercial activities, shall be held liable in civil action by any person who was injured as a consequence of such acts.
(3) The injured person shall have right to the applicable remedies under § 223w of this title.
(b) As used in this section, the term “any person” includes the Government of Puerto Rico, any instrumentality of the Commonwealth or employee of the Commonwealth or of any of its instrumentalities who acts in his/her official capacity that or who shall be held liable by the plaintiff, in the same manner as a non-government entity or person would respond.
(c) In a civil action for trade dress infringement under this section for a trade dress not registered in Puerto Rico or the United States Patent and Trademark Office, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected, taken as a whole, is not functional.
History —Dec. 16, 2009, No. 169, § 27; July 12, 2011, No. 124, § 10.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 224 - Special proceeding

When the principal registrant of a mark as provided for in this chapter files a lawsuit under oath or supported on a sworn statement with a copy of the Registration Certificate with the court, alleging specific facts that prove that the defendant is violating his/her property rights over said registered mark, by means of forgery, copy, imitation or adoption of a mark that is so similar to that of the principal registrant that it creates the likelihood of confusion, the court shall be bound to issue an ex parte temporary order directed to the defendant party requiring him/her to immediately stop, cease or desist, under admonition of contempt of court, the use of the mark to which the lawsuit refers, until a hearing is held within ten (10) days counted as of the date on which the temporary order was issued. In this special proceeding, the court shall exempt the principal registrant from posting a bond.
Within ten (10) days, counted as of the date on which the temporary order was issued, a hearing shall be held so that the defendant party may show just cause for which such temporary order or seizure order should not be rendered ineffective; and to issue a preliminary injunction until the rights of the parties are discussed.
In the cases in which the principal registrant so requests, the court may order the preventive attachment and seizure of the goods, signs, labels, wrappings or any other medium on which the defendant party has affixed the mark in question without the need to post any bond.
Remedies provided in this section for the principal registrant of a mark registered in Puerto Rico may be claimed without prejudice of requesting any other remedy provided for by law.
History —Dec. 16, 2009, No. 169, § 30.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 224a - Special fund

The amount collected on account of the fees established as provided in § 223t of this title shall be covered into a special fund created to such effect in the Department of the Treasury, for the purpose of defraying any operating expenses of the trademark registry not defrayed by appropriations from the General Fund or other budget appropriations.
The Department of State, prior to using the resources deposited in the Special Fund, shall annually submit an expense budget chargeable to those funds to the Office of Management and Budget for its approval.
History —Dec. 16, 2009, No. 169, § 31.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11 - Trademarks; Identification of Products (§§ 171-171h — 224b) › § 224b - Temporary provisions

The procedural provisions contained in this chapter regarding the process of classification, examination, maintenance, and/or renewal of the trademark registration, shall apply to any application for registration of a mark submitted after the effective date of Act No. 169.
Notwithstanding the foregoing, any provision of this chapter, whether substantive or procedural, that may, in any way, benefit the principal registrant or owner of a mark, may be claimed in due time by such principal registrant or owner of the mark as of the effective date of this act.
History —Dec. 16, 2009, No. 169, § 32; July 12, 2011, No. 124, § 13.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11A - Trade Names (§§ 225 — 225e) › § 225 - Definitions

(a) Trade name. — Means the sign or name that serves to identify a person in the exercise of his/her entrepreneurial activity and distinguishes such activity from other identical or similar activities.
(b) Secretary. — Means the Secretary of State of the Commonwealth of Puerto Rico.
History —Sept. 23, 1992, No. 75, § 2, eff. 3 months after Sept. 23, 1992.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11A - Trade Names (§§ 225 — 225e) › § 225a - Trade name registry

The Secretary of State of the Commonwealth of Puerto Rico is hereby authorized and ordered to establish a Registry of Trade Names of the Commonwealth of Puerto Rico pursuant to the provisions of this chapter.
Persons may obtain the registration of a trade name in the Department of State by submitting:
(a) A written application addressed to the Secretary signed by the applicant or his/her representative, in the manner provided by the Secretary through regulations to such effects. The application shall specify the entrepreneurial activity sought to be designated by the requested trade name.
(b) A sworn statement, pursuant to the laws of the jurisdiction in which the same is executed, to the effects that no other person, to the best of his/her knowledge and belief, is entitled to use that trade name in Puerto Rico, and that the description and facsimiles or drawings submitted truly represent the mark whose registration is requested.
(c) Facsimiles of the trade name as used or as it shall be used in commerce, in the form and quantity provided by the Secretary through regulations.
(d) Evidence that the person has applied for or obtained the municipal business license or other licenses or permits required by law or regulations in order to engage in the commerce for which the registration of a trade name is being requested.
(e) The corresponding amount for the payment of the filing fees provided by the Secretary through regulations.
History —Sept. 23, 1992, No. 75, § 3, eff. 3 months after Sept. 23, 1992.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11A - Trade Names (§§ 225 — 225e) › § 225b - Rights conferred

The registration of the trade name in the Department of State of Puerto Rico is optional and confers the registered owner the exclusive right to use the same for commerce in Puerto Rico.
However, the prior user of a trade name may request the Secretary to cancel a trade name that may be confused with his/her own, provided that such claim is exercised before five (5) years have elapsed from the registration of the challenged trade name.
History —Sept. 23, 1992, No. 75, § 4, eff. 3 months after Sept. 23, 1992.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11A - Trade Names (§§ 225 — 225e) › § 225c - Non-registrable trade names

No trade name shall be registered that is identical or similar to a mark or other trade name already registered or pending registration, which is likely to cause confusion or misconception in the minds of the public.
History —Sept. 23, 1995, No. 75, § 5, eff. 3 months after Sept. 23, 1992.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11A - Trade Names (§§ 225 — 225e) › § 225d - Application of Trademarks Act

The Commonwealth of Puerto Rico Trademarks Act and its regulations, including those regarding the collection of fees, shall be applicable to the register of trade names, provided they are not incompatible.
History —Sept. 23, 1992, No. 75, § 6, eff. 3 months after Sept. 23, 1992.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 11A - Trade Names (§§ 225 — 225e) › § 225e - Special account

The amounts collected on account of the fees charged for services related to this chapter, shall be covered into a special account in the Department of the Treasury pursuant to the provisions of Section 27 of Act Number 63 of August 14, 1991, known as the “Commonwealth of Puerto Rico Trademarks Act”, for the purpose of defraying those operating expenses of the trade name registry that are not defrayed by appropriations from the General Fund or other budget appropriations.
Prior to making use of the resources deposited in the Special Account, the Department of State shall submit a budget of expenses chargeable to such funds annually, for the approval of the Office of Management and the Budget. The remainder of the funds unused or pledged at the end of each fiscal year for the purposes in law of said account shall revert to the General Fund.
History —Sept. 23, 1992, No. 75, § 7, eff. 3 months after Sept. 23, 1992.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12 - Coffee (§§ 231 — 236) › § 231 - Labeling of coffee processed in Puerto Rico

The container of all roasted, ground, or in any manner processed coffee in Puerto Rico shall bear on its label the name and address of the person or entity that roasted, ground, or processed it. When such coffee has been imported to be processed in Puerto Rico, the label on its container must specify, in letters not less than one-fourth (¼) inch high, right below the name and address of the person or entity that processed it, that such coffee is foreign coffee.
History —June 19, 1964, No. 60, p. 166, § 1; June 30, 1965, No. 119, p. 331, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12 - Coffee (§§ 231 — 236) › § 232 - Coffee produced in, but processed outside Puerto Rico

The marketing of coffee labeled as of Puerto Rico is hereby forbidden in Puerto Rico, if such coffee was produced in Puerto Rico but was in any manner processed outside of Puerto Rico, unless the label of its container states that such coffee is from Puerto Rico, and immediately below such words it specifies, in letters not less than one-fourth (¼) inch high, that such coffee was processed outside of Puerto Rico, the name of the place where it was processed, and the name and address of whoever in any manner processed it.
History —June 19, 1964, No. 60, p. 166, § 2; June 30, 1965, No. 119, p. 331, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12 - Coffee (§§ 231 — 236) › § 232a - Specialty coffee—Prohibition

It is hereby prohibited to sell in Puerto Rico or abroad, coffee labeled as “Fine” or “Specialty” as primary names, and “Gourmet”, “Special” or “State” as secondary names, or with any other name which may be generalized in the future, and whose meaning is similar or equivalent to these, unless the following conditions and specifications are met:
(a) Class 1. —
(1) Names to be used:
(A) Primary: Fine or Specialty
(B) Secondary: Gourmet, Special or State
(2) Size of the coffee bean: Not more than [five] percent (5%) of the beans shall be smaller than the specified (screen) size, nor five percent (5%) of the beans larger than the specified size.
(3) Cup characteristics: Must show a distinctive attribute in one (1) or more of the following areas: taste, acidity, body or aroma. Must be free of cup faults and defects.
(4) Roasting: No green beans or “Quakers”.
(5) Moisture content: From nine [percent] (9%) to thirteen percent (13%).
(6) Defects: For the purposes of this section, the following shall be understood as defects:
(A) Primary defects:
(i) Full black
(ii) Full sour
(iii) Pod/Cherry
(iv) Long and medium stones
(v) Long and medium stems
(B) Secondary defects:
(i) Parchment
(ii) Hull/Husk
(iii) Broken, chipped or scratched beans
(iv) Insect damage
(v) Partial black
(vi) Partial sour
(vii) Light or floaters
(viii) Shells
(ix) Small stones
(x) Small stems
(xi) Water damage
Coffee must be free of foreign matter, as well as any foreign odors, even when not included in the list of primary and secondary defects.
History —June 19, 1964, No. 60, p. 166, added as § 2A on Sept. 3, 2003, No. 238, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12 - Coffee (§§ 231 — 236) › § 232b - Regulations

In addition to the conditions and parameters stated in § 232a of this title, the Secretary of Agriculture may provide, through regulations, others established by any entity recognized worldwide as a regulating body of the coffee business global market.
The Secretary of Agriculture shall establish, through regulations, the parameters for the classification of “Fine” or “Specialty” coffee for the obtaining of samples and determination of bean size to analyze and classify the coffee according to its quality, as well as for the evaluation of the defects indicated above, using as a basis the rules established by any entity recognized globally as a regulating body of the fine coffee business.
The specifications and attributes indicated in this, and in § 232a of this title, must be certified by a bona fide coffee tasting laboratory, recognized by the Secretary of Agriculture.
The Secretary of Agriculture shall adopt the necessary regulations to put in effect the provisions of this chapter.
History —June 19, 1964, No. 60, p. 166, added as § 2B on Sept. 3, 2003, No. 238, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12 - Coffee (§§ 231 — 236) › § 233 - Coffee produced and processed outside Puerto Rico

The marketing of coffee of any origin, produced and processed outside of Puerto Rico, is hereby forbidden, unless it is stated in the label of its container that such coffee is foreign coffee, and unless the place where it was produced and processed is also therein specified in letters not less than one-fourth (¼) inch high, immediately after the name and address of the person who in any manner processed it.
History —June 19, 1964, No. 60, p. 166, § 3; June 30, 1965, No. 119, p. 331, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12 - Coffee (§§ 231 — 236) › § 233a - Advertisements

Every advertisement of coffee processed outside of Puerto Rico published or otherwise diffused shall specify the origin of the coffee and the place where it was processed. If the advertisement is written or printed, the statement of the origin of the coffee and of the place where it was processed shall be in letters of the same type and size as those expressing the brand of the product, but in no case of a size less than one-fourth (1 / 4) inch high.
History —June 19, 1964, No. 60, p. 166, added as § 3-A on June 30, 1965, No. 119, p. 331, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12 - Coffee (§§ 231 — 236) › § 233b - Misleading labels

When coffee produced in Puerto Rico is not totally used in the processing of any coffee processed in or outside of Puerto Rico, it is prohibited to use in its labeling any design, map, symbol, representation, name, allusion, sigla, abbreviation, letters, word or phrase that might associate it with Puerto Rico or with a product from Puerto Rico, or that may lead the consumer to believe that said coffee is from Puerto Rico, or that establishes similarity with the coffee from Puerto Rico or with the consumer’s preference for Puerto Rican coffee.
History —June 19, 1964, No. 60, p. 166, added as § 3-B on June 30, 1965, No. 119, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12 - Coffee (§§ 231 — 236) › § 234 - Enforcement

Any product which violates the provisions of §§ 231—236 of this title shall not be marketed in Puerto Rico. To this end the product shall be seized and suspended, and a label or any other appropriate mark affixed thereto, indicating that the product is falsely labeled and that the same has been suspended or seized, and giving warning in the same label or other appropriate mark, to every interested person, of the fact that such article must not be removed from where it stands, nor disposed of through sale or otherwise, until the label is corrected and the suspension order or seizure revoked, or until otherwise determined by a court.
History —June 19, 1964, No. 60, p. 166, § 4, eff. 180 days after June 19, 1964.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12 - Coffee (§§ 231 — 236) › § 235 - Department of Agriculture, duties

The Secretary of Agriculture of Puerto Rico and the personnel of the Department of Agriculture of Puerto Rico shall see that the provisions of §§ 231—236 of this title are faithfully observed and complied with.
History —June 19, 1964, No. 60, p. 166, § 5, eff. 180 days after June 19, 1964.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12 - Coffee (§§ 231 — 236) › § 236 - Penalties

Any person or entity violating any of the provisions of §§ 231—236 of this title shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by imprisonment in jail for a term of not more than three (3) months, or by a fine of not more than five hundred dollars ($500), or by both penalties, in the discretion of the court. In case of recidivism, the penalty shall be imprisonment in jail for a term of not more than one (1) year, or a fine of not more than one thousand dollars ($1,000), or both penalties, in the discretion of the court.
History —June 19, 1964, No. 60, p. 166, § 6, eff. 180 days after June 19, 1964.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12A - Meat (§§ 241 — 241i) › § 241 - Short title

This chapter may be cited as an “Act to Regulate the Marketing of Meat in Puerto Rico”.
History —June 30, 1965, No. 120, p. 333, § 1, eff. 90 days after June 30, 1965.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 12A - Meat (§§ 241 — 241i) › § 241a - Definitions

(a) Secretary. — Means the Secretary of Agriculture of the Commonwealth of Puerto Rico.
(b) Meat. — Means the edible part of the muscles of cattle, swine, goats, and sheep, which is skeletal or which is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing for its marketing. Meat also means the byproducts such as livers, kidneys, edible glands, brains, lungs, spleen, stomachs, tripes, lips, snout and ears. The term herein defined includes fresh meat as well as refrigerated or frozen meat or any form of processed meat.
(c) Marketing or To market.—Means the possession, sale or offering for sale at any level, assignment, donation, transportation, warehousing, processing, or any form of handling meat produced in, or introduced into the Commonwealth of Puerto Rico from the United States of America or from any foreign country.
(d) Market. — Means the place or facilities used for the importation, sale or offering for sale, warehousing, transportation, classification, cutting, packing, processing or handling in any way meat produced in, or introduced into the Commonwealth of Puerto Rico from the United States of America or from any foreign country.
(e) Regulation or Regulations.—Means the rules, standards, specifications, practices or determinations promulgated or established by the Secretary to ensure faithful compliance with this chapter.
(f) Inspector. — Means the officer or employee of the Department of Agriculture in charge of enforcing this chapter and of watching for compliance with the regulations promulgated and established hereunder.
History —June 30, 1965, No. 120, p. 333, § 2, eff. 90 days after June 30, 1965.