Jun 17, 2021 (Newsletter Issue 12/21)
Accession to Nice and Locarno Classification
On May 31, 2021, WIPO informed about the accession of Paraguay to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks and to the Locarno Agreement Establishing an International Classification for Industrial Designs.
Both agreements enter into force on August 31, 2021.
Source: www.wipo.int
Jun 11, 2020 (Newsletter Issue 9/20)
E-Filings for Trademarks Introduced
The National Direction of Intellectual Property (DINAPI) of Paraguay has introduced a new e-filing system for trademark registrations and renewals, which has been implemented by Decree since mid-April 2020.
The e-filing system allows trademark agents to submit registrations and renewals with their digital signature while paying the fees for trademark applications. Subsequently, the filing confirmations are received by e-mail.
The Decree introducing the e-filing system also provides for a 30-day phase-out period for applications in paper form. After this period, all trademark registrations and renewal requests in Paraguay will be filed electronically.
The Office is working to optimize the e-filing system and add more tools so that in the future all applications can be filed electronically.
Source: www.berke.com.py
Sep 15, 2015 (Newsletter Issue 14/15)Payment of Renewal Fees RestructuredThe 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 Jan 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
May 15, 2012 (Newsletter Issue 8/12)Digital Signature Soon EffectiveThe 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, 11th 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 notarized 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 a possibility to publish in the official gazette (which is not mandatory). The registrability or availability examination shall only be performed after the expiration of the term allowed for the 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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is PYG 196,196 per class. The publication fee is PYG 49,045.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
May 18, 2023
Berkemeyer Attorneys and Counselors, Asunción, Paraguay