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Guatemala Trade Mark Guide | Intellectual Property - HSM IP
HSM

Guatemala Trade Mark Guide

RegistrationĀ 
A trade mark can be registered in Guatemala pursuant to the Industrial Property Law Decree No. 57-2000 (November 1, 2000), its Modification Decree No. 11-2006 and the Regulations to the Industrial Property Law No. 89-2002 (March 18, 2002) which provide for local trade mark applications.

The following information and documentation is required:

  1. name of the trade mark
  2. one copy of the mark (unless mark is word only)
  3. class(es) and specification of goods and/or services
  4. applicantā€™s name and address
  5. Power of Attorney (notarised and legalised / apostilled)
  6. certified copy of priority document (if priority is claimed)
  7. Spanish translation of all of the above documents

It usually takes about 7-8 months for the Registrar of Industrial Property at the Registry of Industrial Property in the Ministry of Economic Affairs to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registry will issue a Certificate of Registration.

Use
If a trade mark is not used within five years after registration it may be cancelled.

Classes
The International Classification system is used. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within two to three working days.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is a Power of Attorney (notarised and legalised / apostilled).

A grace period of six months is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee.

It usually takes about three months for the Registry to process an application for renewal. Once the renewal is complete the Registry will issue a Certificate of Renewal.

If you do not wish to renew the mark please inform us so that we can advise the Registry accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Registry accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Guatemala.

To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).

It usually takes about five months for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Certificate of Assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Guatemala.

To record a change of name and/or address for a trade mark registration the only documentation required is the Deed evidencing the change (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).

It usually takes about five months for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will issue a Certificate of Change of Name and/or Address.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA