Prosecution Of A Trademark Application In Paraguay
FILING
FORMAL EXAMINATION
PUBLICATION
OPPOSITION PERIOD
SUBSTANTIVE EXAMINATION
GRANTING
CERTIFICATE OF REGISTRATION
FILING
The filing date of a Paraguayan 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.
FORMAL EXAMINATION
Within 1 month from the filing date
The Trademark Office will determine within approximately 1 month if the application meets the minimum formal requirements.
If it does, the Trademark Office will proceed to order the publication of the trademark.
Having the POA duly registered is key in order to avoid delays in this stage.
PUBLICATION
Within 30 working days from the formal examination
The trademark application has to be published for opposition purposes in one of the following: a newspaper (a small journal of limited circulation or big national circulation newspaper) or an electronic journal issued by the Paraguayan Trademark Office.
OPPOSITION PERIOD
60 working days from the last publication
The 60-working day opposition period starts the next working day after the last publication.
SUBSTANTIVE EXAMINATION
3 to 6 months after opposition period ends
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.
GRANTING
Within 12 months from the filing date
If no obstacles are found, the 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 – 2 months counted from the day of the granting decision
A paper registration certificate will be issued between 1 and 2 months after the granting of the trademark.
Useful Information
According to the applicable law, a trademark has a period of 5 years after its registration in which it cannot be cancelled. After that, any third party can apply for a cancelation action due to non-use.
It is relevant to also note that the use of the mark is not evaluated ex officio by the PYTMO, nor the owner has to file periodically any prove of use. The evaluation of the use of a trademark is only done in the eventuality that a cancelation action is filed.
Proceedings for cancellation due lack of use are brought before the civil judicial authorities. And the person who obtain a favorable decision on cancellation has a preferential right to registration if they file an application within three months following the date of the decision.