P.R. Laws tit. 10, § 223b
(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.