Trademarks: Guatemala

General Information

International Agreements : Berne Convention, Nairobi Treaty , Paris Convention, Phonograms Convention, Rome Convention, Washington Treaty, WIPO Copyright Treaty (WCT), WIPO CONVENTION and WIPO Performances and Phonograms Treaty WPPT.

Classification : Nice Classification; Single-Class filings.

What is Registrable : The trademarks may consist in words or groups of words, letter, number, monograms, forms, portraits, labels, shields, stamped, vignettes, borders, lines, fringes, combination and arrangement of colors, as well as another combination of these symbols. It can also be a shape of products, their packing or wrapping or the means or places of sale of the products or services, and other that according to the criteria register have distinguish aptitude.

What is Not Registrable :

  1. Trademarks that consist in the usual form of the product or the container in which the product will be or in the necessary form of the product or service. 
  2. Trademarks that consist in a shape that afford a functional advantage to the product or service to which they are applied. 
  3. Trademarks which consist in a sign, indication or an adjective that could be used in the commerce to qualify or describe some characteristics of the product or service, its translation to another language or its orthographical variation or the construction of artificial words not registrable. 
  4. Trademarks which consist exclusively of a simple color 
  5. Trademarks which consist in a letter or a digit, except if those are filed in a special distinguishable form. 
  6. Trademarks that can deceive or misunderstand the public, about the quality, nature, or geographical origin, as the fabrication, quantity or some characteristics of the product or services; 
  7. Trademarks which consist in a geographical indication; 
  8. Trademarks that consist in a denomination of a vegetal variety, which is protected in the country or a foreign country. 
  9. Trademarks that have been Certifications Marks, which register has been annulled or it hasn’t been used because the dissolution or disappearance of the owner, only if it has been passed ten years since the annulations, dissolution or disappearance.

Priority under Paris Convention : Yes – within 6 months.

Examination : The Registry conducts two different examinations :

  1. Form exam: The Registry examine whether the application complies with the conditions of form. 
  2. Novelty Exam

Publication : Yes - The publication must be made three times in the Official Journal of Guatemala in a period of fifteen days, within the six months as the day in which the edict was given.

Opposition : Yes - Within the two months following the first publication of a registry application.

The required documents to file the opposition would be:

  1. Power of Attorney granted by the opponent party duly legalized by Guatemalan Consul; and
  2. Evidences of the facts upon which the opposition is based.

In Critical and urgent cases, as judged by the Registrar of the Industrial Property, an opposition filed by an attorney may be admitted without accompanying the power of attorney of the opponent party, but only by rendering enough guarantee. In this case, the power should be submitted at the earliest possible time.

Answering an opposition:
Within the term of two months, counted from the notification of the opposition. With the answer all pertinent documents and evidences should be submitted.

Time Frame for Registration : From 6-8 months. 
Registration Term : 10 Years
Renewal Term : 10 Years
Grace Period for Renewals : Six months

Cancellation : The owner of a trademark registration could ask the cancellation at any time.

Assignments - Must Assignments be recorded ? Yes 
Can pending applications be Assigned ? Yes

Licenses - Must Licenses be recorded ? Yes, if you want that it take effect against third parties. 
Can pending application be Licensed ? No

Filing Requirements

Trademark/Service Mark Requirements

  1. Power of attorney, duly legalized by the Guatemalan Consulate.
  2. Specimens of facsimiles of the trademark if any.
  3. If priority is invoked, a copy of the priority application, certified by the correspondent authority.
  4. Name, address and nationality of the applicant.
  5. List of products or services to cover.
  6. Copy of the design, if any.

Renewal of Trademark/Service Mark Requirements

  1. Power of Attorney, notarized and duly legalized by the Guatemalan Consul.

Assignment Recordal Requirements

  1. Power of attorney notarized and legalized by Guatemalan Consul (for assignments, assignor and assignee may apply jointly, or either one of the parties may apply independently);
  2. Deed of Assignment also legalized by Guatemalan Consul.

License Recordal Requirements

  1. Power of Attorney granted by the owner of the trademark or by a licensee duly notarized and legalized up to the Guatemalan Consul.
  2. License agreement, legalized in accordance with the laws of the country from which it was issued and by the Guatemalan Consul. As a minimum, the agreement should specify if the license is exclusive or not, if the owner reserves for himself the territory and the validity term of the license. If the document shows a value, it is subject to the payment of the 10% Added Tax Value over the declared value.

Change of Name/Address Requirements

  1. Power of attorney notarized and legalized by Guatemalan Consul. 
  2. Certificate of change of name legalized by Guatemalan Consul.

 

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