Key takeaways
- An interested person may seek cancellation after an uninterrupted three-year period of non-use preceding the action, but not before three years from registration.
- The registered owner bears the burden of proving qualifying use in the Dominican Republic.
- Dominican exports and services supplied abroad from Dominican territory may count as use.
- If non-use affects only some goods or services, the registration may be limited rather than cancelled in full.
A Dominican trademark registration can become vulnerable if the mark is not used in the country. Law 20-00 permits an interested person to request cancellation after the statutory non-use period.
The registered owner bears the burden of proving qualifying use, making contemporaneous records an important part of portfolio maintenance.
When a non-use action may be filed
An interested person may request cancellation where the registered mark has not been used in the Dominican Republic for an uninterrupted three-year period immediately preceding the cancellation action.
The request cannot be brought before three years have elapsed from the registration date. Cancellation should not be ordered when legally justified reasons for non-use exist.
What counts as trademark use
The law treats a mark as used when the goods or services it distinguishes have been placed in commerce or are available in the Dominican market under that mark, in the quantity and manner normally appropriate to the size of the market, the product or service, its nature and its normal method of commercialization.
The inquiry is contextual. A token act does not automatically establish adequate use, while the expected commercial volume may differ by industry and product.
Exports and permitted variations
Use in connection with goods exported from Dominican territory also counts. The same applies to services supplied abroad from the Dominican Republic.
Use of a form that differs from the registered mark only in elements that do not alter its distinctive character is not, by itself, a ground for cancellation. Whether a variation changes distinctive character requires comparison with the registered form.
Evidence and burden of proof
The registered owner bears the burden of proving use. Law 20-00 permits any evidence admitted by law that demonstrates use under Article 94 and treats submitted use evidence as carrying the value of a sworn declaration, with the owner responsible for its truthfulness.
A defensible evidence file may include dated invoices, orders, shipping or customs records, product photographs, packaging, catalogs, advertising, service records and sales information. The evidence should connect the mark, the covered goods or services, the Dominican Republic and the relevant period.
Justified reasons for non-use
Justified reasons must arise from facts or circumstances outside the owner's control that the owner could not avoid or remedy. The law expressly states that insufficient financial or technical resources and insufficient demand are not justified reasons.
ONAPI may consider acts already undertaken toward effective use where they demonstrate a serious intention and imminent use. Plans without objective supporting acts should not be assumed sufficient.
Partial cancellation and related actions
If non-use affects only some registered goods or services, cancellation results in reduction or limitation of the list rather than automatic loss of the entire registration.
Non-use cancellation differs from nullity based on improper registration, voluntary surrender or limitation, trade-name abandonment, and ownership or entitlement claims. Law 20-00 also permits non-use cancellation to be invoked defensively in specified nullity or infringement proceedings, so the procedural setting should be assessed before choosing a strategy.
Two-sided action checklist
If you are challenging a registration
- Confirm the live registration, owner and covered goods or services.
- Calculate the relevant three-year period from the official record.
- Document why you are an interested person and define the requested scope.
- Search for Dominican-market and export use before filing.
- Choose between full, partial and other available actions only after comparing the grounds.
If you own the registration
- Preserve dated evidence by mark, product or service and territory.
- Map invoices and logistics records to the relevant period.
- Explain any permitted variation from the registered form.
- Document external obstacles and concrete steps toward use.
- Calendar response and review deadlines from the actual notice.
Frequently asked questions
Does the three-year period run from filing?
No. The law states that a non-use request cannot proceed until three years have elapsed from the registration date.
Who must prove use?
The registered owner bears the burden of proving qualifying use.
Can use for one product save every product in the registration?
Not necessarily. Goods or services for which use is not proven may be removed through partial cancellation.
Does use of a refreshed logo count?
It may, if the differences do not alter the registered mark's distinctive character. Material redesigns require closer analysis.
Official sources
Checked September 4, 2026. Confirm the live procedure before acting.
Disclaimer: General information, not legal, tax, immigration, customs, regulatory or investment advice. Requirements and outcomes depend on the facts, responsible authorities and current law.