The R in a circle ® or any other indication to identify registered trademarks are not explicitly required in the Dominican Industrial Property Law, therefore no legal consequences may derive from its omission.
The process to register a trademark, involves the publication of the application by ONAPI (national authority) in their official journal, which makes the application publicly known. Afterwards third parties have a period of forty five (45) days to present oppositions. Once this period is exhausted, without oppositions, the registration is granted to the applicant.
The publicly known registered trademark provides to the holder the right to prevent or challenge any unauthorized commercial use of the registered trademark by a third party.
Regarding trademark infringement lawsuits, the R in a circle ® or any other designations to identify registered trademarks are not a requirement before any judicial body; its omission may not affect the outcome of trademark infringement claim.
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