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Guatemala Trademark Registration 

 
Attorneys - Guatemala
 
Welcome:

My name is Héctor Palomo and I'm the representative Attorney in Guatemala.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Guatemala through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 15 months, if no objections or oppositions arise.

     

  • If I register my trademark in Guatemala, do I have protection in other territories?

    The territorial limit of registration is the entire Guatemalan territory.

  • Do I need to sign a Power of Attorney?

    Yes, a power of attorney is required.

  • Are there any benefits from a pre-filing use of the trademark?

    Pre-filing use results in no benefit, as Guatemala follows a "first to file" trademark system. However, pre-filing use may help the applicant in the in getting the application accepted or approved.

  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • What are the types of trademark that can be registered in Guatemala?
    • words
    • names
    • devices
    • certain three-dimensional shapes
    • colors
    • slogans
    • sounds
    • smells
    • trade dress/get-up
    • holograms
    • collective marks
    • certification marks
    • service marks

     

    The trademark law of Guatemala leaves the door open for other types of marks currently not recognized or not yet existent.

  • What are the phases of application after a trademark has been filed in Guatemala?

    The order of the application process is examination, publication, and registration.

     

    1. Applications are examined in respect of:
      • formalities
      • classification
      • descriptiveness
      • distinctiveness
      • deceptiveness
      • conflict with prior registration
      • examination of an application on absolute grounds/relative grounds is performed at the same time
      • there is a special review for complex marks
    2. The following application details are made available to the public:
      • mark
      • name of applicant
      • state or country of incorporation of applicant
      • citizenship of applicant
      • application number
      • application date
      • goods/services
      • representation of trademark
  • What type of trademark is not registrable?
    • marks that contradict moral standards or public order
    • generic terms
    • names, flags or symbols of states, nations, regions or international organizations
    • non-distinctive trademarks
    • geographic location names
    • translations of a geographical indication that is protected in Guatemala
    • isolated colors
    • isolated letters or digits
    • marks that are offensive to people, ideas, religions, national symbols or symbols of international entities
    • unauthorized reproduction of the denominations, abbreviations, banners, and other symbols of any State or international entity
    • marks that reproduce the currency of any State or territory
    • marks that include any kind of recognitions that have not been obtained and can mislead consumers

     

    Contact Marcaria.com for a more detailed explanation.

  • Does Guatemala use the "Nice Classification" system?

    The Nice Classification System 10th Edition is currently effective in Guatemala.

  • Does the Community Trademark apply for Guatemala?

    Guatemala is not a party to the European Union; hence, the Community Trademark does not apply in this country.

  • Is there any possibility to claim priority in Guatemala?
    • If an applicant's home country is a member of the Paris Convention
    • If the home application was filed within six months preceding the application in Guatemala
    • Priority application must be claimed within a 90-day term after the expiration date of the home application
  • What do I need to do to satisfy the use requirement?

    A trademark must be used within the following period of time:

     

    • five years from the registration date
    • at any other time after the original five-year term post-registration has passed

     

    The amount of use is not specified but must occur in this jurisdiction.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years calculated from the registration date.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the registration grant date.

  • Is it legal to use my trademark even if it is not yet registered?

    Use of an unregistered mark for any goods or services is legal but risky. The trademark law does not provide any legal rights to such unregistered marks.


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