Royal Brand Corporation

Guatemala

In Guatemala the legal basis is the Intellectual Property Law of November 1, 2000. Trademark protection is obtained by registration.

Trademark registration:classification

Nice Classification

Requirements:

Complete name of the applicant.
A list of products or services to be protected.
Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
A power of attorney granted by the applicant, must be duly legalized by the nearest Guatemalan Consulate (Guatemala is not a member of the Hague Apostille Convention)
In case that priority is claimed - information related to the previously filed trademarks and the certified copy of the priority document will be filed simultaneously with the application.

Procedure:

A trademark application has to be filed before the Trademark and Patent Office (Registry of Intellectual Property) by a local agent.
The application process includes a formal examination. Afterwards, an inherent distinctiveness analysis of the mark as well as a search / clearance of conflicting third parties' rights are carried out.
After examination and once formal admission has been secured, the trademark application must be published in the Official Bulletin for opposition.Such publication must be carried out within the 6 months from the date where the publication notice was served to applicant, otherwise application becomes abandoned.
The opposition period is 2 months from date of the first publication in the Official Journal of Guatemala.
If there is no opposition lodged against the application, registration duties are paid and the certificate of registration is issued.
The process for a trademark assignment registration takes approximately 6 - 12 months.

Duration and Renewal: Protection begins with the date of registration. A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.