Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
Guatemala Trademark Registration
Protect Your Brand in Guatemala Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Guatemala, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Guatemala and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
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Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
If I previously filed my trademark in another country, can I claim priority in Guatemala?
Yes. If you filed your trademark in another country within the last 6 months, you can claim priority in Guatemala based on that earlier filing.
Can my trademark be filed immediately and the Power of Attorney (POA) submitted later?
Yes. We can file your trademark in Guatemala immediately after you provide the necessary details. You can submit the Power of Attorney later. This option will be displayed once you order your trademark.
How long does it take for a trademark to be registered in Guatemala?
Typically, if there are no oppositions or objections, trademark registration in Guatemala takes about 15 months.
Do I need to provide a Power of Attorney?
Yes. A notarized Power of Attorney is required in Guatemala. "Notarized" means it must be signed before a notary. If you reside outside the country, legalization is also necessary.
What actions are necessary to meet the trademark usage requirement in Guatemala?
You need to use your trademark within these timeframes:
- Within five years from the date it was registered
- At any time after the initial five-year period has ended
The specific amount of use isn't defined, but it must happen in this area.
How long is a trademark valid once it has been registered in Guatemala?
The trademark registration is valid for 10 years starting from the date it is registered.
Does registering a trademark in Guatemala grant me any rights in Guatemala?
In Guatemala, you must register a trademark to have legal rights to it, as it follows a 'first to file' system. However, well-known marks and trade names are exceptions to this requirement.
Who is eligible to challenge my trademark application in Guatemala?
The following parties can challenge a trademark application:
- any party with a vested interest
- the holder of a prior right
- a party with a licensing agreement
What is the duration of the opposition period in Guatemala?
The opposition period starts on the day the single publication appears in the Boletin Oficial del Registro de la Propiedad Intelectual (BORPI).
The opposition period concludes two months after the publication date in the BORPI.
What are the steps involved in the trademark application process in Guatemala after filing?
The application process follows these steps: examination, publication, and registration.
- formal requirements
- proper classification
- descriptiveness
- distinctiveness
- deceptiveness
- conflicts with existing registrations
- absolute and relative grounds simultaneously
- special review for complex marks
Can a registration be canceled in Guatemala?
Registration can be canceled for the following reasons:
- The mark is declared generic by civil courts
- Non-use of the trademark
- Annulment or nullity
- Infringement or breach
- Obtained in bad faith
- False or inaccurate information was used
- Representation issues with the applicant or owner
- Contested by owners of a well-known mark …
If I register my trademark in Guatemala, will it be protected in other countries?
Registering your trademark in Guatemala only provides protection within the borders of Guatemala.
Is it necessary to use my trademark in Guatemala before applying for registration?
You don't need to use your trademark or plan to use it before applying for registration.
What rights do you gain by registering a trademark in Guatemala?
Registering a trademark grants the following rights:
- Exclusive use of the trademark
- Ability to oppose later conflicting trademark applications
- Ability to cancel later conflicting trademark registrations
- Right to sue for trademark infringement
- Right to license the trademark to others
- Request customs to seize counterfeit goods
- Claim compensation for trademark infringement …
Still have questions?