Paraguay (PY)
Legal basis is the Trademark Act of August 6th, 1998, in force since October 1st, 1998. The international classification of goods and services consisting of 45 classes has been adopted.
Trademark protection is obtained by registration.
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.
The opposition period is 60 working days from the date of the last publication of the trademark application.
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 provided that its renewal is applied for during the last year prior to its expiration and as long as the same registration formalities are fulfilled.
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.
The official fee is USD 30.00 (approx. EUR 20.00).
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
260,00 € |
210,00 € |
| Word Mark Search (identical) |
210,00 € |
150,00 € |
| Extended Search (word mark, company name, domain) |
720,00 € |
210,00 € |
| Device Mark Search (availability) |
440,00 € |
310,00 € |
| Trademark Owner Search |
440,00 € |
|
| Company Name Search |
540,00 € |
|
| Domain Name Search (extended) |
|
|
| i-Search (word mark availability + legal opinion) |
380,00 € |
370,00 € |
The Prices above are S.M.D. Markeur Search Fees