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?

1. Request Trademark Search Study (Step 1)
2. Evaluate registration possibilities and apply for Trademark Registration (Step 2)
3. 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.

How is a trademark registered in Guatemala?

In Guatemala, any individual (Natural Person) or Legal Person (Company) can be the owner of a
Trademark Registry.

The government entity in charge is the Intellectual Property Registry, which is responsible for registering
trademarks for products or services, advertising signs, patents for inventions, and deposits for books
and computer programs, among other things.

How long does a trademark registration take in Guatemala?

Currently, a trademark registration lasts approximately seven months from the time the application is filed until the corresponding certificate is issued.

When is the trademark protected?

The trademark is protected from the moment the application for registration is received.

The trademark registration begins with the presentation of the application in which the complete data
of the applicant, the name of the brand and its design, if any, must appear; as well as sound or auditory
marks (sounds of motors and others) and olfactory marks (perfumes and the like) can also be registered.
The class to which they belong in accordance with the Nice International Agreement for the classification of trademarks must also be indicated; and whether it is a Trademark-Industrial (products)
or Services.

The request must be submitted with the help of an active attorney in the Republic of Guatemala. The first step carried out by the registration is the examination of form and substance to establish whether the trademark is not within the prohibitions established by law, on the one hand, or if it is inadmissible due to prior rights of third parties who have previously registered the same or similar mark that may cause confusion or risk of association with the new mark.

If once the examinations have been carried out, the registry finds that there is any prohibition or cases
of inadmissibility of those indicated above, it may suspend the application for a period of one month so
that the applicant corrects the error or omission, or it may object to the application for a period of two
months for the applicant to rule on the matter.

Resolved the above or if the registry does not find any case that would merit suspension or objection, it
issues an edict that must be published 3 times within a period of 15 days in the Electronic Bulletin of the
Registry (formerly the Official Gazette), to make public knowledge about of the trademark application
and so that anyone who considers himself affected can file an opposition to the application within a
period of 2 months from the first publication.

If there is opposition, the opponent is heard for a period of two months, which may be extended to two
more months, if necessary, for the provision of evidence. Once the indicated periods have expired, the
registry will resolve whether the opposition takes place or not.

If there is no opposition, the registry after one month of the publications of the edicts orders the
payment of the registration fee and issues the corresponding Certificate of Registration, which grants all
the property rights of the trademark to the applicant, within the which is to be the only legitimate
person for the use of the trademark in commerce, to be able to prevent or oppose any registration of an
equal or similar trademark that may cause confusion in the consuming public, among others.