TRADEMARKS

GUATEMALA

GDP: $78,46 BILLION
IMPORTS: $21,97 BILLION
POPULATION: 17,247,807
TOTAL AREA: 108,889 KM2
CURRENCY: GUATEMALAQUETZAL (Q) (GTQ)
OFFICIAL LANGUAGES: SPANISH

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of the Madrid System: NO.

Patent Prosecution Highway:

Trade Mark Law in force:

Industrial Property Law (Decree of Congress 57-2000).

Classification:

Nice classification, 10th edition.

Multiclass Applications:

NO.

Registrable trade marks:

Words or groups of words, letters, numbers, monograms, forms, portraits, labels, shields, stamps, engravings, vignettes, borders, lines, fringes, combination and arrangement of colours, as well as any combination of these symbols. They can also consist of sounds or smells, the shape of products, their packaging, wrapping or trade dress and others which - at the discretion of the Trade Mark Office -possess or might have acquired distinctiveness.

Formal filing requirements:

• Power of Attorney duly notarised and legalised by the Apostille within 1 month from the official request.

• Certified copy of the priority application and its translation into Spanish within 3 months of the priority deadline.

Examination:

Absolute grounds for refusal: YES.

Relative grounds for refusal: YES.

Opposition period:

2 months from the date of publication.

Average time from filing to grant:

Approximately 8 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 renewal date.

Grace period: 6 months.

Link to Trade Mark Office:

https://rpi.gob.gt/

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