Oct 05, 2017 (Newsletter Issue 17/17)
Apostille Convention in Force
On September 18, 2017, the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention) entered into force for Guatemala.
The country had acceded to the Apostille Convention on January 19, 2017. No objections were raised to its accession.
Source: www.hcch.net
Jun 28, 2017 (Newsletter Issue 12/17)
Accession to Trademark Law Treaty and Regulations
On May 29, 2017, the Ministry of Foreign Affairs published the ratification of the Trademark Law Treaty and the Regulations (TLT) which was made by the President of the Republic of Guatemala.
The Treaty will apply to all product and service trademarks if they are visible signs, (including three-dimensional trademarks) except holograms and non-visible signs, and specially sound marks and olfactory marks.
The requirements and procedures of the applications for registration of trademarks will be still regulated on the Law on Industrial Property and its Regulations, until the necessary modifications which result from the implementation of the aforementioned Treaty are made.
Source: Arias, Guatemala
Feb 22, 2017 (Newsletter Issue 4/17)
Accession to Hague Apostille Convention
On January 19, 2017, the Republic of Guatemala deposited its instrument of accession to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention).
Following the usual procedural steps, the Convention will enter into force for Guatemala on September 18, 2017.
Pursuant to Article 12 of the Apostille Convention the Depositary shall give notice to the Contracting States of the accession of Guatemala.
Source: www.hcch.net
Nov 18, 2013 (Newsletter Issue 16/13)
Online Pre-Filing Available
The Trademark Office in Guatemala has recently implemented online filing through its website.
At this time only pre-filing is available. All pertinent information can be digitally submitted and stored under a provisional serial number but a physical application has still to be submitted and a definitive serial number is assigned. The filing date assigned will be the one in which the physical application is filed at the Trademark Office.
It is expected that the filing process will become entirely digital once the IP laws will be amended.
Source: Bufelco Propiedad Industrial, Guatemala
Dec 01, 2011 (Newsletter Issue 14/11)
Legal Notices Electronically
The Congress of the Republic of Guatemala has enacted the Law Regulating Notifications by Electronic Means in the Judicial Organ. by the Decree 15-2011.
In all judicial and administrative proceedings before the Judiciary Offices, the parties and their attorneys may be served at the email address previously indicated. Both the parties and their attorneys may join the system voluntarily by filling their respective membership forms where they grant their consent to join the system.
Notifications made electronically have the same effect and validity as those made in accordance with procedural rules, except when a legal provision provides that the notification must be made in person. The Decree is effective since 19 October 2011.
Source: Lexincorp Central America, Guatemala, Guatemala
May 09, 2010 (Newsletter Issue 10/10)
Renewal of Slogans
The actual law established that all slogans "executed conforming to the previous laws will be due when ten years are accomplished up to the legal effect of this law".
That means that slogans registered on/or after November 1st, 2000 have a duration of 10 years from the registration date.
Slogans registered before November 1st, 2000 have to be renewed until October 31st, 2010.
Dec 14, 2009 (Newsletter Issue 4/09)
Adoption of the 9th Edition of the Nice Classivication
The Official Newspaper in Guatemala, published on June 22nd, decision 443-2009 taken by the Ministry of Economy, enables the TM Office to use the 9th Edition of the Nice Classification to distinguish goods and services for the registration of trademarks.
Apart from the Paris Convention and TRIPS, the legal framework is primarily comprised by the Industrial Property Law (Decree of Congress 57-2000 and amendments), which came into effect November 1, 2000, and the executive regulations to such Law (Executive Accord 89-2002 and amendments). Amendments to the IP Law were last made in June 2013, arising from an Association Agreement entered with the European Union.
Recently the TLT was approved and came into force, however the trademark office is waiting for change in order to implement this treaty.
Trademark protection is obtained by registration (“first to file” system). Prior use in Guatemala is only required for the registration of trade names. In such case registration is only declarative (an exception to the “first to file” system).
Nice classification, 11th edition
Admissible as trademarks are all distinctive signs that are capable to distinguish products or services, from other identical or similar products that are commercialized by a third party.
The following categories of signs are admitted for registration: trademarks, service marks, slogans, collective marks, certification marks, geographical indications and appellations of origin, emblems and trade names.
Slogan marks are protectable as a separate category of IP rights, known as advertising slogans (National Class 99), which for the most part grant trademark like rights.
Well-known marks are protected in Guatemala, even lacking registration. However use in Guatemala or at least promotion of the mark by any means having an effect in the country, must be shown in such cases.
The application is filed at the Trademark and Patent Office (Registry of Intellectual Property).
A separate application has to be filed for each class (multi-class applications are not yet allowed).
Foreign applicants need a duly empowered local agent (Attorney at Law).
A power of attorney granted by the applicant, must be duly legalized by the nearest Guatemalan Consulate or by apostille. Filings can be made through an unofficial agent (“gestor oficioso”), until the POA arrives and the unofficial actions made on behalf of applicant are ratified.
Foreign applicants do not need a domestic registration and/or incorporation.
The application process includes a formal examination. Afterwards, an inherent distinctiveness analysis of the mark as well as a search / clearance of conflicting third parties' rights are carried out.
After examination and once formal admission has been secured, the trademark application must be published in the Official Bulletin of the Intellectual Property Register (BORPI) in a single digital publication. Such publication must be carried out within the 6 months from the date where the publication notice was served to applicant, otherwise application becomes abandoned “ipso facto”.
If there is no opposition lodged against the application, registration duties are paid and the certificate of registration is issued in approximately 2-3 months.
National:
The opposition period is 2 months from the date of the publication in the Official Bulletin of the Intellectual Property Register (BORPI).
The deadline for filing an opposition would be calculated as follows:
1. Publication takes place on August 20, 2015, deadline to oppose elapses October 20, 2015;
2. If October 20, 2015 were to fall on a weekend or any other non-working day the deadline would be moved to the prior working day.
Protection begins with the date of registration. A trademark registration is valid for 10 years from the date of registration. The registration is renewable 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 fees (filing and issuance of edict) for a trademark application are GTQ 310 for one class. The publication fee in the Official Bulletin of the Intellectual Property Register (BORPI) is GTQ 300 average but varies largely based on the fact that cost is levied on the number of goods or services to be covered by the application. The registration fee including the issuance of the certificate is GTQ 290. There are other disbursements in the process which must also be taken into account (notarization expenses, stamp taxes, etc.)
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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
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Mar 21, 2022
Central Law, Guatemala, Guatemala