GUATEMALA

• Kinds of Trademarks registrable in GUATEMALA

  • Following indications may be used as Trademarks in Guatemala:

    1. Words & combination of words, phrases, acronyms, surnames, geographical names, pseudonyms, abbreviations
    2. Images & figures, drawings, prints, reliefs, seals, selvedges
    3. Symbols & graphics
    4. Logos & Monograms, Holograms
    5. Portraits
    6. Labels, images, shapes packaging arrangements and combinations of shades / colours
    7. Emblems
    8. Letters & Numbers
    9. 3D shapes & devices, Sound marks and Smell marks

    TYPES OF TRADEMARKS IN GUATEMALA

    • Word Marks
    • Composed exclusively of words, letters or numbers and combinations thereof without any graphical features and specific colours.
    • Figurative Marks
    • composed of graphics, designs and logos.
    •  Mixed Marks
    • combination of verbal and figurative marks at the same time and names presented in a stylised form.
    • Collective marks, Certification marks, Denominative marks, olfactory.
    • Service Marks, Tradenames, Tradedress, Titles of Establishments
    • Well Known Marks
• Requisites for a Trademark to be registrable in GUATEMALA

  • Trademarks must contain the following essential requirements to be registrable in Guatemala :

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same, similar, identical, either visually and/or phonetically to prior registered, pending marks.
• Kinds of Trademarks not registrable in GUATEMALA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Guatemala:

    1. Trademarks that do not represent a mark as set forth by law.
    2. Trademarks related to public property or are not distinguishable.
    3. Symbols that represent the form or cover of goods if its nature, function or packaging required thereof as an intrinsic part.
    4. Trademarks contrary to public order or morals as well as those the use of which is prohibited under the national law, or bilateral or multilateral agreements to which Guatemala is a party.
    5. Trademarks comprising a simulation or imitation of official logos, flags, other logos, abbreviated names, symbols, signs or official hallmarks used for the purposes of control and guarantee by a country or an intergovernmental organization established under an international agreement, unless the competent authority has licensed such state or organization to do so.
    6. Trademarks which would mislead the public or commercial society with regard to the nature, quality or source of goods and services and other related characteristics.
    7. Trademarks which exclusively or partially constitute an indication that would involve confusion regarding the geographical origin of certain goods or services. In case such symbols have been illegally registered as a mark, the use of that geographical indication would be hindered by third parties entitled thereof.
    8. Trademarks similar or identical to a mark or a trade name well-known in Guatemala and have been used for similar or identical goods belonging to another institution to the extent that causes confusion between both of them, or symbols which are a translation of another mark or trade name.
    9. Trademarks identical or similar to a mark that has been the subject matter of a registration application or a registration including goods or services identical or similar to those for which the manufacturing mark or trademark has been registered which would result in confusion.
    10. Colours on their own and geometric shapes which are not novel.
    11. Caricatures, portraits, drawings, cartoons, expressions ridiculing, belittling people and objects worthy of respect and status, imitation of total / partial translation of well known marks or trade names.
    12. Marks suggestive of unfair competition.

    TrademarkCopia through its associate Law Firms and Lawyers in Guatemala is at hand to help you with trademark registration and prosecution.

• Trademark Search in GUATEMALA

  • It is highly recommended to search the Trademark so as to ensure that the proposed trademark is not in conflict with prior existing trademark.

    However, phonetic trademarks can be searched for a fee.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Trademark Office of Guatemala.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Guatemala.

• Trademark Filing in GUATEMALA

  • Filing is done with the Trademark office of Guatemala.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in GUATEMALA

  • Once the trademark application is filed with the IP office, it is assessed to confirm that it meets the requirements of registration as per the trademarks act.

    If the trademark application meets all the requirements of registration, it will be accepted for registration. If not, the applicant is notified of the same with a report setting out requirements if any that need compliance.

    The applicant has a stipulated period of time from the date of the examiner report to respond to compliances if any within the stipulated time, the trademark application is deemed abandoned.

• Trademark Publication & Opposition in GUATEMALA

  • Once the trademark application is accepted for registration, the details of the application will be advertised in the official Journal of Trademarks.Interested parties may oppose the registration within stipulated time from the date of advertisement.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Guatemala can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in GUATEMALA

  • If there is no opposition to the trademark application, or the opposition is unsuccessful, the applicant trademark will be registered and Certificate of registration is issued. Registration is valid for 10 Years subject to further renewal.

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in GUATEMALA

  • Post Registration: Continuous and active non-usage of the registered trademark could make it vulnerable for cancellation upon application by an aggrieved 3rd party.

    Post Filing: Failure to use the mark post registration for 5 yrs. continuously could lead to premature termination of the mark.

• Trademark Cost of Registration in GUATEMALA

  • Please write mail for the cost of registration of trademark in Guatemala to the mail address given below:

    contact@trademarkcopia.com