What is a Trademark in Guatemala?0 Comments
According to the Industrial Property Law, a Trademark is any visible sign that distinguishes
products or services from others of the same kind or class in the market.
What is the purpose of registering a trademark in Guatemala?
The registration of a Trademark or distinctive sign will provide protection throughout the
national territory and will help establish the legal presumption of being the sole and legitimate
owner, which will facilitate administrative and judicial actions against plagiarists of image and
commercial prestige, for example, the quantification of damages.
Why register a trademark in Guatemala?
Here are the main advantages of a Registered Trademark:
- The right to use the ®(R) or R.TM. which notifies the world of the registration of your Trademark.
- Access to Courts in Guatemala.
- Discourage the use of your Brand by plagiarists of image or commercial prestige.
- Protect your priority from the registration of these Trademarks in other nations.
- Allows to restrict the importation of goods that use infringing Trademarks.
- The possibility of granting licenses for use.
- The possibility of charging royalties.
- The possibility of franchising your product or service.
- The possibility of transferring the rights to your Brand.
- The possibility of guaranteeing a credit with your Brand.
- The presumption of a large corporation endorsing the goods or services you offer.
- The protection of your image and commercial prestige.
- Confidence of the consuming public.
- More customers, more profits.
If you wish to learn more, contact us
What other benefits does the registration of a Trademark have in Guatemala?
By registering your Brand, you turn it into an intangible asset, which often becomes the most
asset of your company or business.
Why is it so important to do a backward phonetic search?
Because it helps you evaluate your registration options.
According to statistics, the processing of around 35% of registration applications is not
completed. This is mainly due to objections (oppositions or rejections) that arise in the
trademark registration process. These objections originate basically when a similar mark is
presented (either graphically or phonetically) to another already registered, or when a mark
that is well-known abroad is presented.
You become familiar with the optimal coverage of your brand. Through a phonetic search you
will be advised on the class(es) in which you must register your trademark (and what products
or services you must include in each one).
This is very important because your trademark, even if it is registered, may be unprotected if
that registration does not cover the appropriate class(es), or it may be overprotected, which
means that you are wasting your money on registration of classes that are not necessary.
In summary, with the study of a brand search you save your time and money. Usually the
Trademark Office, in charge of evaluating the registration of a trademark, takes months to
decide whether to accept or reject the processing of a trademark. Therefore, if you do not pre-
assess your registration possibilities, it is highly likely that you will lose not only the money
associated with trademark registration fees, but also a great deal of time and energy.
What do I have to do to register my trademark?
- Request Trademark Search Study (Step 1)
- Evaluate registration possibilities and apply for Trademark Registration (Step 2)
- Once the trademark has been accepted for registration, wait for the Property Title (Step 3)
In which country(ies) should I register my trademark?
Trademark protection is territorial; therefore, it is convenient to register them in the country or
countries in which your business has or may have a presence.
What does the cost of registering a trademark cover?
The payment for our services includes a search and recommendation service to start processing
a trademark, application and complete registration process and all taxes and registration fees.
If your trademark is rejected, or opposition arises, you will be advised on the actions to follow.