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Zacarias & Fernandez
Asunción, Paraguay (PY)
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Paraguay (PY)

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09-15-2015 (Newsletter Issue 14/15)
Payment of Renewal Fees Restructured
The National Direction of Intellectual Property (DINAPI) of Paraguay has issued a new circular No. 07/2015 to restructure the process of payment of fees for trademarks renewals and the improvement of their legal services.

The new circular No. 07/2015 establishes that the official fees for renewal applications must be paid from the time of the renewal application filling until the expiration date of the trademark, if the renewal application is filed on day after its expiration date a penalty for late submission will be assigned.

This means that the rate of 10 minimum wages must be paid before the expiration of the trademark.

Source: www.brlatina.com and Berkemeyer Attorneys and Counselors, Paraguay


01-21-2014 (Newsletter Issue 1/14)
Accession to Hague Apostille Convention
On 10 December 2013, Paraguay deposited its instrument of accession to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the "Apostille Convention"). The Convention will enter into force for Paraguay on 30 August 2014.

Source: www.hcch.net


05-15-2012 (Newsletter Issue 8/12)
Digital Signature Soon Effective
The digital signature will become effective in Paraguay as of June 2012 in all types of public or private transactions in any country of the world. In order to obtain electronic certificates, interested individuals will have to request it at a Certifying Company, showing their Identification Documents. The certificate can be granted through a card, a pen drive, or by downloading a software. The costs to obtain digital signatures will oscillate between USD 40 and USD 100, and their validity can be granted for one day or up to two years.

Source: Berkemeyer Attorneys and Counselors, Paraguay


Legal basis is the Trademark Act of August 6th, 1998, in force since October 1st, 1998.
Trademark protection is obtained by registration.
Accession to Hague Apostille Convention on 30 August 2014.

Nice classification, 10th edition
A registrable trademark may consist of one or more words, themes, emblems, monograms, stamps, vignettes, embossments; names, fantasy word, letters and numbers with different forms or combinations; combinations and colour display, labels, containers and wrapping.
Trademarks may also consist of the shape, presentation or conditioning of products or their containers or wrappings, or of the means or places of sale of the products or corresponding services. This list is merely illustrative.
The following trademark types are registrable: trade marks for goods and services, collective marks and certification marks.
The application is filed at the Office of Industrial Property, which will issue the corresponding filing receipt.
An individual application is required for each class.
The specification of goods will not be required if a trademark is applied for all goods included in one of the classes of the official nomenclature. In case of applying for a service mark, the specification of services shall be mandatory.
Foreign applicants need a local agent.
A power of attorney attested by a notary is necessary. Consular legalization of said document is not necessary for administrative procedures such as filing of trademark applications.
It is possible to file a trademark application without holding a power of attorney. In this case the notarised PoA document must be submitted to the Trademark Office within 60 working days after filing of the application.
Foreign applicants do not need a domestic registration. The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 8 months.
Before registration, the trademark application is published in a local newspaper on three consecutive days (there is no official gazette). The registrability or availability examination shall only be performed after expiration of the term allowed for opposition.
National:
The opposition period is 60 working days from the next day of the last publication of the trademark application. An opposition can be based on a foreign trademark registration.
Protection begins with the date of registration. A trademark registration is valid for 10 years from the date of registration. The registration is renewable indefinitely for periods of 10 years.
The grace period for renewals is 6 months from the expiration date as long as the same renewal formalities are fulfilled.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or either its use has been interrupted for more than five consecutive years or has been made with substantial alterations of the original distinctive character of the trademark as described in the corresponding registration certificate of registration, the registration may be cancelled upon request of the interested party.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is USD 30.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 260,00 € 230,00 € 
Word Mark Search (identical) 230,00 € 170,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
12-05-2016
Berkemeyer Attorneys and Counselors, Asunción, Paraguay

10-01-2013
Berkemeyer Attorneys and Counselors, Asunción, Paraguay

08-02-2012
Berkemeyer Attorneys and Counselors, Asunción, Paraguay

12-12-2011
Berkemeyer Attorneys and Counselors, Asunción, Paraguay



Zacarias & Fernandez

Buongermini 1174 Casi Ygatimi
1209 Asunción
Paraguay (PY)

Ministry of Industry and Commerce Directorate of Industrial Property
Sede Central
Av. Mcal. Lopez 3333c
Asunción
Paraguay
Tel +595 21 616 33 33
Fax +595 21 21 39 70
www.mic.gov.py