Trademarks—Guatemala—Q&A guide
Trademarks—Guatemala—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trademarks—Guatemala—Q&A guide
  • 1. What is the primary legislation governing trademarks in your jurisdiction?
  • 2. Which international trademark agreements has your jurisdiction signed?
  • 3. Which government bodies regulate trademark law?
  • 4. Who may apply for registration?
  • 5. What may and may not be protected and registered as a trademark?
  • 6. Can trademark rights be established without registration?
  • 7. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?
  • 8. What are the benefits of registration?
  • 9. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to trademarks in Guatemala published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2020).

Authors: Palacios & Asociados/Sercomi—Hilda Monterroso; Marco Antonio Palacios

1. What is the primary legislation governing trademarks in your jurisdiction?

The primary legislation comprises the Industrial Property Law (Decree No. 57-2000) and its regulations (Government Agreement No. 89-2002).

2. Which international trademark agreements has your jurisdiction signed?

International trademark agreements signed by Guatemala are:

  1. the Paris Convention for the Protection of Industrial Property; and

  2. the Trademark Law Treaty.

3. Which government bodies regulate trademark law?

The IP office as registrar and ordinary courts of justice (criminal or civil) both comprise the government bodies regulating trademark law.

4. Who may apply for registration?

Any person or legal entity, of any nationality, domicile or activity, may acquire and enjoy the rights granted by the Industrial Property Law, which covers trademark rights.

5. What may and may not be protected and registered as a trademark?

The Trademark Law states, first, that a mark can be any sign capable of distinguishing the goods or services produced, marketed or provided by any person or legal entity; and, second, that for the sign to be registrable, it must be ‘distinctive’ with regard to the products or services it will cover.

The nature of the product or service to which the mark will be

Popular documents