Key takeaways
- Dominican enforcement may involve civil proceedings, criminal action, provisional measures and customs intervention.
- Not every confusingly similar use is counterfeiting; the legal route depends on the conduct, intent and evidence.
- DGA recordation supports customs inspection and retention but does not create the underlying trademark right or guarantee interception.
- Border notices require immediate attention because the law contemplates short follow-on action windows.
Dominican trademark enforcement can involve civil proceedings, criminal action and customs border measures. The right route depends on the registration, the conduct, the evidence, the location of the goods and the urgency.
Counterfeiting should also be distinguished from a broader likelihood-of-confusion dispute: not every infringement is necessarily a counterfeit case.
Conduct covered by registered trademark rights
The amended Law 20-00 permits a registered owner to act against unauthorized application of an identical or similar sign to goods or packaging, production or holding of labels and containers reproducing the mark, commercial refilling of marked containers, and use that may cause confusion or association.
Commercial use includes selling, offering, distributing, importing, exporting, storing or transporting marked goods and using the sign in advertising or commercial communications. Certain uses that dilute a mark or take unfair advantage of its reputation may also fall within the registered right.
Build the evidence before selecting a route
An initial response should verify current ONAPI ownership and status, the registered form and covered goods or services, where the suspect goods were found, whether they are being imported, and the identity of authorized manufacturers, distributors and licensees.
Preserve samples, photographs, invoices, listings, advertisements, seller identities and features that distinguish genuine from suspect goods. A screenshot or anonymous sample can be useful, but may not establish the full supply chain or legal responsibility on its own.
Civil actions and provisional measures
A right holder may bring a civil action against infringement or conduct showing an evident imminent infringement. Available relief under the amended law includes cessation, compensation, seizure of suspect goods and related materials, destruction of goods determined to be counterfeit and measures to prevent repetition.
A court may order immediate conservatory measures before, with or after the main action when the applicant supplies reasonably available evidence sufficient to show infringement or imminence. Security may be required to protect against abuse. These are discretionary judicial remedies, not automatic outcomes.
Criminal anti-counterfeiting measures
Law 20-00 provides criminal consequences for specified intentional trademark conduct, including unauthorized use of a registered mark or fraudulent imitation and the import or export of counterfeit goods. Criminal measures may include seizure, forfeiture and destruction under judicial authority.
For suspected trademark counterfeiting, the amended law states that any person may seek criminal charges and that the State may investigate or take enforcement measures ex officio, at least to preserve evidence and prevent continuation. The competent authority and procedure should be confirmed for the incident.
Customs recordation with DGA
DGA Resolution 01-10 creates a Right Holders Registry to support inspection or retention of suspect goods in import, export or transit. Recordation does not create, transfer or extinguish the underlying IP right.
The resolution calls for ownership and representative details, certified title records, authorized distributors, product images and guidance distinguishing genuine from counterfeit goods. It provides a two-year recordation term and a renewal process. Its 2010 fee and technical image specifications should be rechecked directly with DGA rather than hard-coded.
Border response and an anti-counterfeiting program
Dominican border law permits customs action where there are sufficient grounds to suspect trademark-infringing goods. A right holder requesting suspension must provide sufficient evidence of presumed infringement and enough information for customs to recognize the goods. Customs may also act ex officio in specified circumstances.
Keep ONAPI and DGA records current, maintain a genuine-versus-counterfeit guide, identify authorized supply-chain contacts, and retain rapid access to certificates, powers and evidence. Border procedures contemplate short action windows after a suspension notice, so an alert should be handled immediately. Destruction or other disposition requires the legally competent authority.
Route-selection matrix
| Signal | Possible route | First evidence step |
|---|---|---|
| Online or local sale | Platform notice, cease-and-desist analysis or civil relief | Preserve the listing, seller identity, sample and chain of purchase |
| Import, export or transit | DGA recordation and border-measure assessment | Prepare title records and a genuine-versus-counterfeit guide |
| Intentional commercial counterfeiting | Civil and potential criminal coordination | Preserve samples, supply-chain evidence and responsible parties |
| Immediate risk of loss | Assessment of provisional judicial measures | Document urgency, right, suspected conduct and requested scope |
Frequently asked questions
Does DGA recordation create trademark rights?
No. Resolution 01-10 expressly states that recordation does not create, transfer or extinguish IP rights.
Will recordation guarantee that every counterfeit shipment is stopped?
No. It supports customs inspection, identification and risk targeting but does not guarantee detection or detention.
Is every confusingly similar mark a counterfeit?
No. Confusing similarity can support infringement even where the facts do not amount to deliberate counterfeiting. Classification depends on the conduct and evidence.
Can a brand owner destroy seized goods directly?
No. Seizure, forfeiture and destruction require the appropriate legal or judicial authority.
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.