Trademarks Law in Guatemala
Here is a comprehensive overview of Trademark Law in Guatemala:
Legal Framework
Trademark protection in Guatemala is governed by the Industrial Property Law (Decree 57-2000) and its regulations under Governmental Agreement 89-2002.
Key Features of Trademark Law in Guatemala
1. Registration System
First-to-file principle: Trademark rights are acquired through registration, not use.
Single-class applications only: Guatemala does not allow multi-class filings. A separate application must be filed for each class of goods or services.
2. Registrable Trademarks
Trademarks that can be registered include:
Traditional marks: Words, names, logos, monograms, letters, numbers, and combinations thereof.
Non-traditional marks: Sounds, smells (olfactory marks), shapes, trade dress, and holograms, provided they have acquired distinctiveness.
3. Registration Process
The trademark registration process typically involves:
Application Filing: Submit an application to the Guatemalan Registry of Intellectual Property (RPI), including:
Applicant's name and address.
Representation of the trademark.
List of goods or services (classified according to the Nice Classification, 10th edition).
Power of Attorney duly notarized and legalized by the nearest Guatemalan Consulate.
Certified copy of the priority application and its translation into Spanish (if claiming priority).
Formal Examination: The RPI examines the application for compliance with legal requirements.
Substantive Examination: The RPI assesses the distinctiveness of the trademark and checks for conflicts with existing marks.
Publication: If the application passes examination, it is published in the Official Bulletin of the RPI for opposition purposes.
Opposition Period: Third parties have a 2-month period from the publication date to file oppositions.
Registration: If no opposition is filed or if opposition is resolved in favor of the applicant, the trademark is registered, and a certificate is issued.
4. Duration and Renewal
Initial Protection: Trademark registrations are valid for 10 years from the registration date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods.
Renewal Filing: Renewal applications must be filed 1 year prior to the expiration date.
Grace Period: A 6-month grace period is available after expiration, subject to payment of additional fees.
Non-use Cancellation: A registered trademark may be subject to cancellation if it has not been used for 5 consecutive years after registration.
5. Opposition and Cancellation
Opposition: Third parties can oppose a trademark application within 2 months from the publication date in the Official Bulletin.
Cancellation: A registered trademark may be subject to cancellation if:
It has not been used for 5 consecutive years.
It has become a generic term or misleading.
It conflicts with earlier rights.
6. International Protection
Paris Convention: Guatemala is a member of the Paris Convention for the Protection of Industrial Property, allowing for priority claims based on earlier filings in other member countries.
Madrid Protocol: Guatemala is not a party to the Madrid Protocol; therefore, international trademark registrations through the Madrid System are not applicable.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Industrial Property Law (Decree 57-2000) |
| Registration Authority | Guatemalan Registry of Intellectual Property (RPI) |
| Duration | 10 years from registration, renewable every 10 years |
| Opposition Period | 2 months from publication |
| Use Requirement | Yes, cancellation possible after 5 years of non-use |
| Multi-class Applications | Not allowed; separate application required for each class |
| International Treaties | Paris Convention (no Madrid Protocol) |
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