Guatemala
Fees for registering Guatemala trademarks
First class：
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Additional class：
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Renewal:Notarization & Legalization:
Service Process
Trademark registration time
The current trademark regulations in Guatemala are mainly based on the Industrial Property Law promulgated on November 1, 2000 and the Implementation Regulations of the Industrial Property Law promulgated in 2002. The Intellectual Property Office of the Guatemalan Ministry of Economy is responsible for managing trademark affairs, and the official language is Spanish. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Guatemala follows the principle of "application first". Famous trademarks in Guatemala can be protected even if they are not registered.
Guatemala is a party to international intellectual property treaties such as the WIPO Convention and the Paris Convention, and is neither a member of the Madrid Protocol nor the Madrid Agreement. Therefore, trademark registration can only be processed through "single country registration".
Trademark Registration Process
At present, trademark applications in Guatemala use the Nice Classification 11th edition for describing goods and services, and do not accept multi class applications. The elements that can be registered as trademarks in Guatemala include: text, name, graphics, color combinations, sound, scent, hologram, etc.
If the applicant does not reside in Guatemala, they can entrust a specialized agent in their home country to handle the application, or directly submit the application to the Guatemalan Intellectual Property Office. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized and authenticated;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Guatemalan trademark is: application acceptance examination announcement approval issuance. The application will be accepted within 2-3 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. Two months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Guatemala takes about 2 years; If there are any objections or rejections during the process, the time will be extended to 3-4 years.
Trademark registration materials
The Guatemalan trademark is valid for 10 years after registration, starting from the date of registration; Renewal must be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Invalidation declaration: can be filed at any time after registration, based on the following reasons:
A. Lack of distinctiveness in trademarks; Easy to mislead the public;
B. Conflict with well-known trademarks of others;
C. Malicious registration;
D. Agents, distributors, etc. rush to register.
2. Revocation: It must be submitted within 5 years after registration, and can be based on the following reasons:
A. Conflict with prior trademarks;
B. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
3.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.
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