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
Additional Services in Guatemala
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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
What actions are necessary to meet the trademark usage requirement?
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?
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, 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?
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 typical duration for trademark registration approval?
The typical time it takes to get a trademark registered is about 15 months, as long as there are no objections or challenges.
What is the duration of the opposition period?
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
- trademark
- applicant's name
- applicant's state or country of incorporation
- applicant's citizenship
- application number
- date of application
- goods/services covered
- trademark representation
Can a registration be canceled?
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
- Applicant knew of the existing contested mark
- Proprietary rights issues
- Mark is descriptive or not distinctive
- Mark is misleading, deceptive, or disparaging
- Mark is functional
- Copyright breach
- Notorious or well-known mark issues
- Protection of armorial bearings, flags, and State emblems
- Registered in the name of an agent or representative
- Registered design rights issues
- Rights in a personal name
- Mark is generic
- Geographical indication issues
- Against public policy or morality principles
- False or inaccurate information provided by the applicant
- Applicant knew the mark was owned by a third party due to commercial activities
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.
Do I need to sign a Power of Attorney document?
Yes, you need to sign a power of attorney.
Can you claim priority for a patent application in Guatemala?
- The applicant's home country must be part of the Paris Convention.
- The original application in the home country should have been submitted no more than six months before applying in Guatemala.
- Priority must be claimed within 90 days after the home application's expiration date.
Is it necessary to use my trademark 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?
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
- Seek cancellation of domain names that copy the trademark
- Prosecute infringers with fines up to $96,000 and imprisonment up to 6 years
Still have questions?