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Brand protection is one of the important issues that should be given special attention when entering a new market. If you are planning to start a business in America, our today's blog post will be helpful as it provides some practicalities of TM protection in the Republic of Guatemala.

Trademark protection in Guatemala: Q&A

  • What documents do I need to collect as a foreigner to register a TM in Guatemala?

Non-residents who plan to register a TM in the Republic of Guatemala must appoint a proxy to apply. The package of documents for submission consists of:

  1. TM presentation with graphic or visual elements; 
  2. A list of products/services that will be protected by this mark.

Please note that online TM registration is not possible, hard copy only.

  • Is a marking necessary for TM registration in Guatemala?

The mandatory use of symbols that would indicate that a TM has been registered in the IP Register of this jurisdiction is not required.

  • How long do I have to wait to obtain a TM registration in Guatemala?

Normally, it takes from up to 8 months but sometimes it could take longer due to the process suspension. Please note that TM protection in the Republic of Guatemala is valid only from the date you get an official document of registration.

  • What classification system is used?

Nice Classification is used in this jurisdiction, although the country is not a party to the Nice Agreement. Entrepreneurs who need to choose a class to register a TM in Guatemala can order a specialist consultation by contacting IQ Decision UK.

  • What is the verification procedure?

Local IP Dept begins to verify the documents provided immediately upon receipt. The regulator will suspend the process if there are any inaccuracies. You will have to scrupulously correct them otherwise you risk that the application will be rejected.

After verification, the details of the mark must be published in the bulletin so that any interested person can file an objection. If no objections (or rejections) have been announced, you will then receive a certificate of registration of TM in Guatemala.

  • Is it necessary to use TM in Guatemala before registration?

No, any proof of use of a trademark is required.

  • What if someone objects to my TM registration?

Anyone may object to the trademark application within 2 months from the date of publication. The brand owner may oppose an unscrupulous application even if he has not previously registered the brand in the jurisdiction. If you intend to settle a TM dispute in Guatemala, we can provide you with the necessary range of consulting services and assist you at all stages of the dispute resolution.

  • How long is the brand protection valid?

TM protection in the Republic of Guatemala may be extended indefinitely after 10 years of use. 

  • Do I need to register licensing agreements in Guatemala?

No but such a procedure may be a voluntary act of the licensor or licensee. 

TM registration in Guatemala is a procedure that requires compliance with certain local and international legal requirements. You can ask more questions to our profile specialist by signing up for a consultation on TM regulation in the Republic of Guatemala. We are also ready to provide assistance at all stages of company registration in America. To contact us, please fill out a special form below.