PROSECUTION GUIDELINES
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You will find here all the important information about filing trademarks, designs and patents.
Choose the country from the below options or just contact us for other territories.
Guatemala
GDP: $78,46 BILLION
IMPORTS: $21,97 BILLION
POPULATION: 17,247,807
TOTAL AREA: 108,889 KM2
OFFICIAL LANGUAGES: SPANISH
CURRENCY: GUATEMALAQUETZAL (Q) (GTQ)
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Hague Agreement on Industrial Designs: NO.
Industrial Property Law.
6 months.
YES, all embodiments must refer to products included in the same Locarno class.
- Identification of the applicant.
- Power of Attorney legalised by the Apostille.
- Name of the design.
- Identification of the designer.
- The type of goods for which the design will be used.
- Drawings.
- Brief description.
- Assignment document. If applicable, certified copy of the priority document.
YES.
NO.
- Filing of application.
- Formal examination.
- Publication.
- Substantive examination.
- Decision.
- Certificate of registration.
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.
10-15 months.
10 years, with the option to extend once for a 5-year period.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Madrid System: NO.
Industrial Property Law (Decree of Congress 57-2000).
Nice classification, 10th edition.
NO.
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.
- 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.
- Absolute grounds for refusal: YES.
- Relative grounds for refusal: YES.
2 months from the date of publication.
Approximately 8 months, unless any obstacles were raised.
10 years from the date of registration.
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.
1 year prior to renewal date.
6 months.
- 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.
IP Law 57/2000.
- Patent of Invention.
- Utility Model.
NO.
- Power of attorney duly notarized and legalized within 90 days from office action.
- Assignment document from the inventors duly notarized and legalized within 90 days from office action.
- 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).
NOT available.
YES, within 1 month from notification.
NO.
YES, within 90 days from publication.
YES, within 90 days from publication.
5 years.
20 years from filing date.
10 years from filing date.
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.
Yearly; also during prosecution of the application.
NOT mandatory.
YES.
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