Trademark Lawyer Magazine: Trademark Protection in Puerto Rico – A Strategic Analysis for International IP Attorneys and Corporate Counsel
U.S Federal Trademark Registration is a Strong Foundation – But in Puerto Rico, it may not be enough.
In our latest article for The Trademark Lawyer Magazine (Issue 2, 2026), our Intellectual Property team at Estrella LLC examines a gap that’s easy to overlook: Puerto Rico operates under a dual trademark system.
The Puerto Rico Trademark Office (PRTO) functions independently from the USPTO and does not cross-reference federal registrations. That means a third party can register your federally protected mark locally and potentially block your ability to use it on the island.
A few key takeaways from the article:
- The PRTO offers powerful local enforcement tools, including automatic preliminary injunctions without bond, emergency restraining orders in counterfeiting cases, mandatory attorney’s fees, and statutory damages of up to $150,000 per willful violation.
- Filing fees are lower than the USPTO, making local registration a practical, cost-effective step.
- For Spanish-speaking and Latin American companies, Puerto Rico is a natural gateway into U.S. trademark protection, linguistically familiar and procedurally accessible.
- Dual registration isn’t a luxury. For clients with Puerto Rico market exposure, it’s the standard of care.
If Puerto Rico is part of your market – or could be – it should be part of your trademark strategy.
Read the full article: Estrella LLC -Trademark Lawer Magazine Article – Puerto Rico IP Law
The article is also being shared at both the INTA and ECTA 2026 annual meetings this year, where practitioners from around the world are discussing cross-border trademark strategy.
