Prosecution Of A Trademark Application In Guatemala
FILING
FORMAL EXAMINATION
SUBSTANTIVE EXAMINATION
PUBLICATION
OPPOSITION PERIOD
GRANTING
CERTIFICATE OF REGISTRATION
FILING
The filing date of a Guatemalan trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same, but the priority date will be the one claimed.
Priority rights should be claimed at filing or within a maximum term of 3 months counted from the date of the expiration of the 6 months priority term provided that the new application has been filed within the 6 months priority term.
FORMAL EXAMINATION
Within 1 to 2 months from the filing date
The Guatemalan Trademark Office will determine if the application meets the formal requirements and if it does, the trademark will proceed to substantive examination.
SUBSTANTIVE EXAMINATION
Within 1 to 2 months from the filing date
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
If no obstacles are found, the Trademark Office will proceed to order the publication of the trademark.
PUBLICATION
Order of Publication + 6 months
Once the examination period has ended and no objections were raised, the trademark will be published the Official Gazzette for opposition purposes.
OPPOSITION PERIOD
2 months as from the first publication date
The opposition period starts as soon as the trademark is published for the first time and ends 2 months after the first publication.
GRANTING
Within 7 to 8 months from the filing date
If no obstacles are found, the Guatemalan Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
CERTIFICATE OF REGISTRATION
1 month counted from the day of the granting resolution
After the Trademark Office issues their decision to grant the application, a paper registration certificate is issued.
Useful Information
Cancellation due to the lack of use of the trademark
At the request of any interested party and with a previous hearing for the holder of the trademark registration, the competent judicial authority will cancel the registration of a trademark when such has not been used during a period of five years prior to the date in which the suit for cancellation was brought. The cancellation application will not proceed before the five years have passed, as of the date of the registration of the trademark. The cancelation of a registration for lack of use may also be requested as defence against an objection of the Registry, a third-party objection to the registration of a trademark, a request for statement of invalidation of a registration or an action for the infringement of a registered trademark. In these cases, the cancellation will be settled by the competent judicial authority.