Automatic
check
TM check
by a specialist
Report on
trademark check
Discount 10%
24 hours
Registering a trademark with the Intellectual Property Registry (RPI) takes about 6–12 months if there are no oppositions or errors in the application. Complex cases may take up to 18 months.
The deadline for filing an opposition is 30 days from the publication of the application in the Diario de Centro América (official gazette).
In Guatemala, you can register word marks, figurative marks, combined marks, three-dimensional marks, sound marks, and olfactory marks, provided they are distinctive. Marks contrary to public morality or state symbols are prohibited.
The certificate is valid for 10 years from the registration date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in Guatemala, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $300–500 for one class of goods/services, including registration and publication fees. Additional costs may include legal services or fees for extra classes.
No, use is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request, as per Article 95 of the Industrial Property Law.
If the trademark is not renewed within 10 years from the registration date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
Guatemala, with its strategic location in Central America, offers a promising market for businesses aiming to expand their reach. Registering a trademark in Guatemala ensures legal protection, granting exclusive rights and enhancing brand value.
Legal Protection: A registered trademark provides exclusive rights to use the brand, preventing unauthorized use by others.
Brand Value Enhancement: Registration adds value to your brand, making it more attractive to investors and partners.
Licensing and Franchising Opportunities: With a registered trademark, businesses can license or franchise their brand, opening new revenue streams.
Legal Advantage in Disputes: In case of legal disputes, a registered trademark serves as solid evidence of ownership.
Preliminary Search: Conduct a search to ensure the desired trademark is not already registered.
Application Submission: File an application with the Registry of Intellectual Property (Registro de la Propiedad Intelectual - RPI). The application should include:
Applicant's name and address
Representation of the trademark
List of goods and services
Power of Attorney, legalized by the Guatemalan Consulate
Certified copy of the priority document, if claiming priority
Examination: The RPI examines the application for compliance with formal requirements and potential conflicts.
Publication: If the application passes examination, it is published in the Official Gazette.
Opposition Period: Third parties have two months from the publication date to file oppositions.
Registration: If no oppositions are filed, or if oppositions are resolved in favor of the applicant, the trademark is registered, and a certificate is issued.
A registered trademark in Guatemala is valid for ten years from the registration date. It can be renewed indefinitely for successive ten-year periods. Renewal applications can be filed up to one year before expiration, with a six-month grace period after expiration, subject to additional fees.
While use is not mandatory for maintaining a trademark registration, non-use for five consecutive years may lead to cancellation if challenged.
Navigating the trademark registration process can be complex, with potential pitfalls such as:
Incorrect classification of goods and services
Incomplete or improperly legalized documentation
Missing deadlines for responses or renewals
Unawareness of oppositions or legal challenges
ProfitMark offers comprehensive support throughout the trademark registration process in Guatemala:
Conducting thorough searches to ensure trademark availability
Preparing and submitting all necessary documentation
Handling correspondence with the RPI
Monitoring deadlines and managing renewals
Providing legal assistance in case of oppositions or disputes
Over 13 years of experience in trademark registration
Successful registrations in more than 30 countries
Team of international experts
Personalized approach to each client
Fully online services for convenience
Transparent pricing and guaranteed quality
Protecting your brand in Guatemala is a strategic move for businesses aiming to expand in Central America. With ProfitMark's expertise, the process becomes straightforward and reliable. Contact us today to secure your brand's future in Guatemala.