Registering a trademark in Guatemala involves conducting a preliminary search, filing an application, undergoing an examination by the Guatemalan Registry of Intellectual Property, and waiting for the publication and potential opposition period. If successful, the registration of your trademark will grant you exclusive rights to use it in Guatemala for 10 years, renewable indefinitely. By following this guide and utilizing the resources provided, you can take the necessary steps to protect your brand in Guatemala. Make sure to adhere to the requirements and guidelines to ensure a smooth registration process.
Step 1: Preliminary
Search The first step is to carry out a preliminary search to ensure that your proposed trademark isn't similar or identical to an existing one. The Guatemalan Registry of Intellectual Property provides a database for this search. You can access the database at this link: https://www.registropi.gob.gt
Step 2: Application
If the search does not reveal any conflicting trademarks, the next step is to file an application with the Guatemalan Registry of Intellectual Property. The application must include a clear representation of the trademark and a list of goods or services to be covered by the trademark.
Step 3: Examination by the Guatemalan
Registry of Intellectual Property After receiving the application, the Guatemalan Registry of Intellectual Property will review it to ensure that it meets the requirements of the Trademark Law. They will also ascertain whether the proposed trademark can be registered or if it infringes on any existing trademarks.
Step 4: Publication
Once the application passes the examination, the Guatemalan Registry of Intellectual Property will publish the application in the Official Gazette. This allows third parties the chance to oppose the registration of the trademark. The opposition period lasts for 2 months from the date of publication.
Step 5: Registration
If no opposition is filed, or if any opposition is resolved in favor of the applicant, the Guatemalan Registry of Intellectual Property will proceed with the registration of the trademark. The applicant will then receive a certificate of registration.
The official fee for filing a trademark application is approximately GTQ 800 (as of 2023). If the application is successful, there is an additional fee for the issuance of the registration certificate. Please note that these fees are subject to change and it's recommended to check the latest fees on the Guatemalan Registry of Intellectual Property's website.
The entire process, from application to registration, usually takes between 6 to 12 months, provided that there are no objections or oppositions.
Guatemalan Registry of Intellectual Property: https://www.registropi.gob.gt