Guatemala (GT)
Latest News: 05-09-2010 (Newsletter Issue 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.
12-14-2009 (Newsletter Issue 4)
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.
Legal basis is the Intellectual Property Law of November 1, 2000. The international classification of goods and services consisting of 45 classes (9th edition) has been adopted.
Trademark protection is obtained by registration. Registrable as a trademark are all distinctive and graphically representable signs, such as words or groups of words, letters, numbers, monograms, forms, portraits, labels, shields, stamps, vignettes, borders, lines, fringes, combination and arrangement of colours, as well as any combination of these symbols. It can also be sonorous or smell marks, in the shape of products, their packing or wrapping or the means or places of sale of the products or services, and others that have distinguishing attitude. The trademark could consist of national or foreign geographical indications, these trademarks must be able to distinguish the products or services that they will be used for, and must not cause confusion or association regarding their origin, source, qualities, characteristics of the products or services the trademarks are used for.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks and trade names.
The application is filed at the Patent Office (PTCO).
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A power of attorney granted by the applicant, duly legalised by the Guatemalan Consulate is needed.
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.
After the formal application, the trademark application must be published in the Official Journal of Guatemala three times in a period of fifteen days, within the six months from the day in which the edict was given.
The opposition period is 2 months from date of the first publication in the Official Journal of Guatemala.
Protection begins with the date of application. A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.
If the trademark has not been used for a continuous period of at least 5 years, it may be subject to cancellation.
The official fee before Te Intellectual Property Registry of Guatemala is USD 47.00 (approx. EUR 32.00). The official fees regarding the publication in the official Gazette is approx USD 105.00 to USD 155.00 (approx. EUR 74.00 to 109.00).
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
230,00 € |
190,00 € |
| Word Mark Search (identical) |
210,00 € |
170,00 € |
| Extended Search (word mark, company name, domain) |
560,00 € |
190,00 € |
| Device Mark Search (availability) |
420,00 € |
290,00 € |
| Trademark Owner Search |
340,00 € |
|
| Company Name Search |
390,00 € |
|
| Domain Name Search (extended) |
|
|
| i-Search (word mark availability + legal opinion) |
440,00 € |
420,00 € |
The Prices above are S.M.D. Markeur Search Fees