The current trademark regulations in Paraguay are mainly based on the Trademark Law promulgated on October 1, 1998. The National Industrial Property Office of Paraguay 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. Paraguay's trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Paraguay is a contracting party to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, and WIPO Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
At present, the National Industrial Property Office of Paraguay adopts the Nice Classification 11th edition for the description of goods and services and does not accept applications with multiple categories in one form. The elements that can be registered as trademarks in Paraguay include: text, name, graphics, three-dimensional identification, color combination, etc.
If the applicant does not reside in Paraguay, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Notarized power of attorney;
5.If priority is declared, priority proof documents and corresponding Spanish translations must be provided.
The main process for applying for registration of a trademark in Paraguay is: application acceptance formal examination announcement substantive examination approval issuance. The application will be accepted after about one week of submission, and the National Industrial Property Administration will first conduct a formal review, mainly examining whether the application requirements and classification information comply with regulations. After the formal review is approved, an announcement will be arranged, and the 60 working days from the announcement date is the objection period. Any interested party or prior rights holder may raise objections, and 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. Well known trademark;
5. Malicious registration;
6. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
7. Prohibited badges and symbols.
If there is no objection or objection is not established during the announcement period, the State Administration of Industrial Property will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, it can be approved for registration and a registration certificate will be issued; If the review 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 everything goes smoothly, trademark registration in Paraguay takes about half of the time; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended, possibly taking 2-3 years.
The Paraguay trademark is valid for 10 years after registration, starting from the date of registration; Renewal can 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. Violating relevant laws and regulations;
2.If a trademark has not been actually used for 5 consecutive years after registration, anyone may apply for revocation; Except for force majeure.