Trade name registration with ONAPI
Define what the name identifies, screen avoidable conflicts and file an accurate activity scope before using the certificate in the company record.
A nombre comercial identifies the business in commerce
A Dominican nombre comercial, or trade name, is the sign that identifies an enterprise or business activity. It is not the same as the corporate vehicle recorded at the Cámara de Comercio y Producción, and it is not a trademark for products or services. ONAPI, the Oficina Nacional de la Propiedad Industrial, administers the filing under Law 20-00 on Industrial Property.
Article 113 of Law 20-00 addresses acquisition of the exclusive right through first use in commerce, while Article 116 establishes the registration framework. Registration creates an official record that can be important for corporate formalization, licensing, banking and enforcement analysis. It does not cure a prohibited or conflicting sign, and it should not be described as a substitute for a trademark search or registration.
Who should consider this filing
- A founder choosing the public name for a new Dominican company.
- An existing business that has used a name but never organized its ONAPI record.
- A foreign applicant entering the Dominican market through a branch, subsidiary or local distributor.
- A company changing its commercial identity or separating a product brand from its corporate name.
What Proxario handles
- Clarifies whether the proposed sign functions as a nombre comercial, trademark or both.
- Checks the exact wording and searches accessible ONAPI records for obvious conflicts; a preliminary search is not a grant.
- Defines the commercial activities for which protection is requested without using an inaccurate or unnecessarily narrow description.
- Prepares applicant, representative, address, identity and power information.
- Files electronically or coordinates an in-person submission, follows formal observations and reviews the issued certificate.
- Aligns the granted name with the acta constitutiva, estatutos sociales and Registro Mercantil documents when part of a formation.
Filing stages and decision points
| Stage | Question | Record |
|---|---|---|
| 1. Classification | Is this an enterprise identifier or a mark for goods/services? | Scope memo |
| 2. Screening | Are identical or confusingly close signs visible? | Search notes; no guarantee of approval |
| 3. Activities | Which commercial activities will the sign identify? | Detailed activity list |
| 4. Application | Who owns the filing and who represents that owner? | ONAPI form, identity and power if applicable |
| 5. Examination | Has ONAPI issued an objection or requested clarification? | Official notice and stated response deadline |
| 6. Certificate | Does the granted wording and activity match the request? | Final certificate and docket record |
Documents and information
ONAPI’s published service asks for the requested denomination, a detailed list of activities, applicant and notification information, representative authority when used, the applicable fee, telephone or email, and identity-document data. An applicant without a Dominican domicile or establishment must be represented by a natural person domiciled in the country. A corporate applicant should also provide the data and authority needed to show who acts for it.
- Exact proposed name, including accents, spacing and corporate references.
- Plain-language description of present and reasonably planned activities.
- Cédula, passport or corporate identification information as applicable.
- Notification address, telephone and email.
- Power of attorney when a representative files.
- Existing use evidence retained for legal strategy when relevant, even if not required for the basic form.
Official charge and professional fee
ONAPI publishes a service fee and an institutional response standard on its current service page. Both are operational data that can change, and an objection or correction changes the real timeline. We confirm the tariff in the payment screen immediately before submission and show it separately from the professional fee quoted after scope review for clearance analysis, drafting, filing and follow-up. Any response deadline is taken from the official notice, and the current published service standard is confirmed at filing.
Trade name, company name and trademark
The cleanest formation file decides these roles early. The corporate name appears in estatutos sociales and the Registro Mercantil. The nombre comercial identifies the enterprise in trade. A trademark can protect the sign used for particular goods or services. The words may overlap, but the legal records and risk analysis do not. A favorable nombre comercial certificate should not be marketed as proof that a trademark is available in every class.
Illustrative scenario
Example: a Canadian consultant plans a Dominican SRL under one legal denomination while marketing a hospitality advisory service under a shorter name. We screen the shorter sign, describe the advisory activities accurately, prepare the representative power and file the nombre comercial. The SRL instruments then reference the legal denomination consistently, and separate trademark advice addresses the service brand. This example is illustrative and does not predict ONAPI approval or timing.
Page-specific questions
Does registering a company automatically protect its trading name?
No. Corporate registration and trade-name protection are different records. The intended nombre comercial should be reviewed and, when appropriate, filed with ONAPI rather than assumed from the Registro Mercantil alone.
Is a nombre comercial the same as a trademark?
No. A nombre comercial identifies an enterprise or commercial activity, while a trademark identifies goods or services. A business may need both, and the searches and protection scopes are not interchangeable.
Can an applicant outside the Dominican Republic file directly?
ONAPI's published requirements state that an applicant without domicile or establishment in the country must be represented by a natural person domiciled in the Dominican Republic. The power and identity evidence must fit the filing.
What happens if ONAPI objects to the requested name?
An objection is not an automatic approval with a spelling change. Counsel should analyze the cited obstacle, the activities claimed and possible alternatives before answering or filing a new application. The deadline stated in ONAPI's notice controls the response.
How long does a name registration remain useful?
The certificate and governing law control the registered record, while actual use and later changes can affect strategy. Confirm renewal, modification or cancellation requirements against the current ONAPI record before relying on an old certificate.
Official sources used
- ONAPI — Trade-name registration service
- ONAPI — Law 20-00 on Industrial Property
- Formalízate — Trade name and formalization FAQ
Coordinate the sequence before the first filing
A connected file reduces inconsistent names, ownership data and addresses across ONAPI, the Chamber and DGII.
General information, not legal advice. Using this page does not create an attorney–client relationship. Proxario attorneys are members of the Colegio de Abogados de la República Dominicana.
Coordinate the sequence before the first filing
A connected file reduces inconsistent names, ownership data and addresses across ONAPI, the Chamber and DGII.
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