Guatemala – Latam Guideline
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- Guatemala – Latam Guideline
Trademarks
Patents
Designs
Customs
Data protection
Trademarks
WIPO-administered Treaties:
Contracting Party of the Madrid System: NO.
Trade Mark Law in force:
Trademark Law 7978 of 2000 and its Regulation.
Classification:
Nice classification, 10th edition
Multiclass Applications:
YES.
Registrable trademarks:
Words, letters, numbers, numerals, figurative elements, monograms, pictures, tags, lines, traces, patterns, combinations and dispositions of colours, sounds, packaging or wrapping of products.
Formal filing requirements:
- Power of Attorney duly notarised : Original POA will be necessary at the time of filing the application
When an application is submitted without the original Power of Attorney at the time of filing we must file the official document (a company´s certification issue by the corresponding Houses of Incorporation), stating the existence of the society in the country of origin. Once you have filed this company’s certification, we will have 2 months to file the original Power of Attorney. - Certified copy of priority application and its translation into Spanish within a 90-days term from filing date. Original copy is required.
Examination:
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
Opposition period:
2 months from the first publication date.
Average time from filing to grant:
Approximately 6 months, unless any obstacles were raised.
Term of protection:
10 years from the date of registration.
Use requirements:
YES. Cancellation can be requested if the trade mark has not been used for 5 years, counting from the registration date. Partial cancellation is possible.
Renewal terms:
1 year prior to the renewal date.
Grace period: 6 months.
Patents
WIPO-administered Treaties:
Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months.
Patent Law in force:
IP Law 57/2000
Types of protection available:
Patent of Invention; Utility Model.
Formal filing requirements:
- Power of attorney duly notarized and legalized within 90 days from office action. Possible extension of term. Original preferred.
- Assignment document from the inventors duly notarized and legalized within 90 days from office action. No extension of term available. Original preferred.
- Certified copy of priority application within 15 months from priority (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).
- Sequence listings must be filed in WIPO Standard ST.26 format.
Filing of the patent application in a foreign language:
NOT possible.
Substantive examination must be requested by the applicant:
YES, within 1 month from notification.
Search report must be requested by the applicant:
NO
Observations by third parties:
YES, within 90 days from publication.
Opposition:
YES, within 90 days from publication.
Average time from filing to grant:
6-7 years
Term of protection for patents:
20 years from filing date.
Term of protection for utility models:
10 years from filing date.
Differences between utility model and patent:
UM Suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.
Maintenance:
Yearly; also during prosecution of the application.
Compulsory licensing:
YES
Designs
WIPO-administered Treaties:
Contracting Party of The Hague System: NO.
Applicable Law:
Industrial Property Law.
Grace period for filing applications, from disclosure:
6 months.
Multiple design applications -one application for different embodiments-available:
YES, all embodiments must refer to products included in the same Locarno class.
Formal filing requirements:
Power of Attorney: Notarized and legalized. 120 days from filing.
Name of the design and identification of the designer / applicant.
The type of goods for which the design will be used.
Drawings.
Brief description of the design.
Assignment document: Notarized and legalized. 90 days from filing.
Locarno classification:
YES.
Deferred publication:
NO.
Registration Proceeding Outline:
Filing of application. Formal examination. Publication. Substantive examination. Decision. Certificate of registration.
Opposition:
Any interested party can submit observations within 3 months from the publication date. Such observations will not suspend the registration proceeding. They will be notified to the applicant, who will be entitled to file a response thereto.
Average time from filing to grant:
10-15 months.
Term of Protection and Maintenance:
10 years, with the option to extend once for a 5-year period.
Customs
Does it accept an administrative request for surveillance?
NO
Intellectual property rights protected through an administrative request for surveillance
As it does not accept the Request, no IPRs can be applied for.
Requirement to file for an application of an administrative request for surveillance
As it does not accept the Request, there are not requirements.
Procedure (special aspects)
In Guatemala there is no possibility of registering intellectual property rights before customs for surveillance, so that the authorities can seize any product suspected of being counterfeit.
The Guatemalan Industrial Property Law provides for border measures by empowering the person who has sufficient evidence of a suspected import or export of goods that infringe their rights. this party can request the judicial authorities to order the Customs authorities to stop the entry or export of the goods. In practice, the way to carry out the measures is by filing a criminal complaint.
Data protection
Territory: Guatemala
Data Protection Regulations: There is no data protection law in Guatemala. At present there are legislative initiatives, but none have been enacted. There are scattered provisions in local legislation that can be interpreted as data protection regulations.
