The short answer
A Guatemalan trademark registration is valid for 10 years from the date of inscription and renewable indefinitely for 10-year periods. Request renewal in the year before expiry, or in a 6-month grace period after it with a surcharge. Anyone can oppose within 2 months of the first publication. A court can cancel a mark after 5 years of non-use.
Trademark deadlines in Guatemala at a glance
These rules come from the Industrial Property Law, Decree No. 57-2000, in the Spanish text with the 2006 reforms (Decree No. 11-2006) as published on the UAIPIT portal. Decree No. 3-2013 and later reforms changed other parts, so we confirm the consolidated text published by the Registry and the current fees before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of inscription, renewable indefinitely for successive 10-year periods (Article 31). |
| Which date does the term count from? | The date of inscription of the registration in the Registry (Article 31). |
| When can I renew? | The renewal request is filed with the Registry within the year before each period expires. The Registry records the renewal without substantive examination or publication, and it takes effect from the last expiry date (Article 32). |
| Is there a grace period? | Yes. The request can also be filed within a 6-month grace period after expiry, paying the renewal fee plus a surcharge. During the grace period the registration keeps full validity (Article 32). |
| Opposition period | Any interested person can oppose within 2 months from the first publication of the notice (edicto) in the Official Gazette, with the facts, the law and the evidence. The applicant has 2 months to answer, and a common 2-month evidence period can follow (Article 27). |
| Reply to an office action | The Registry examines form and substance. If it finds a formal defect, the applicant has one month to fix it. If it finds a ground for refusal, the applicant has 2 months to answer, after which the Registry decides (Article 25). |
| Priority claim | The applicant can claim the priority of an earlier application filed in a State that is a party to a treaty binding Guatemala, in writing, with the date and country of the first filing. Under the Paris Convention that period is 6 months (Article 18). |
| Non-use | On request of any interested person, after hearing the owner, the competent court cancels a registration if the mark has not been used during the 5 years before the cancellation action. No request can be made within 5 years of registration. Use that starts after 5 years only helps if it began at least 3 months before the action (Article 66). |
| Assignment | A registered or pending mark can be assigned between living persons or by succession. The assignment must be in writing, by public deed or a privately signed document certified by a notary, and be recorded in the Registry to bind third parties. A name change must also be recorded (Article 41). |
Who can register a trademark in Guatemala
Any person can apply, directly or through a representative. The application gives the mark, the goods or services by name and class, and proof of payment. One filing covers one mark (Articles 22 to 24).
Representation. The application must give a representative or an address for notifications in the country (Article 24). Foreign owners normally act through a Guatemalan attorney, and foreign powers of attorney and assignments need legalisation and a sworn Spanish translation.
Trademark registration process in Guatemala
Search
- Search the the Intellectual Property Registry of Guatemala (Registro de la Propiedad Intelectual) records for identical or similar marks in your classes.
File the application
- File with the the Intellectual Property Registry of Guatemala (Registro de la Propiedad Intelectual), through your Guatemalan attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- The notice is published three times in the Official Gazette within 15 days, and anyone can oppose within 2 months of the first publication (Articles 26 and 27).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Intellectual Property Registry of Guatemala (Registro de la Propiedad Intelectual) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Guatemala trademark validity and renewal
- The term is 10 years from the inscription date.
- File the renewal request in the year before expiry.
- A 6-month grace period with a surcharge keeps the registration fully valid.
- Use the mark in Guatemala to avoid court cancellation after 5 years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Guatemalan trademark
Assignment
Change of ownership
It must be in writing and recorded in the Registry (Article 41).
Name change
Change of the owner's name
Record the change with supporting documents (Article 41).
Licence
Licensing the mark
A licence must be in writing. Registering it is optional (Articles 45 and 46).
Division or limitation
Goods and services
The owner can ask to divide or limit the registration (Articles 33 and 34).
Non-use and cancellation of a Guatemalan trademark
Under Article 66, a court cancels a registration for 5 years of non-use. Under Article 65, a court can cancel a mark that has become generic. The owner can also ask for voluntary cancellation or restriction (Article 64).
Keep dated proof of use in Guatemala: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Guatemala
Search the Registry's trademark database. The notice is published three times in the Official Gazette, and the 2-month opposition period runs from the first publication.
Sources used
- Decree No. 57-2000 Industrial Property Law with the 2006 reforms (Decree No. 11-2006), Spanish text on the UAIPIT portal: Articles 18, 22 to 28, 31, 32, 41, 45, 46, 64 to 66.
- Registro de la Propiedad Intelectual for the consolidated text, forms and fees.
Guatemala trademark FAQ
How long does a trademark last in Guatemala, and from when?
10 years from the date of inscription, renewable indefinitely for successive 10-year periods (Article 31). It counts from the inscription date (Article 31).
When should I renew a Guatemalan trademark, and is there a grace period?
The renewal request is filed with the Registry within the year before each period expires. The Registry records the renewal without substantive examination or publication, and it takes effect from the last expiry date (Article 32).
What is the opposition period in Guatemala?
Any interested person can oppose within 2 months from the first publication of the notice (edicto) in the Official Gazette, with the facts, the law and the evidence. The applicant has 2 months to answer, and a common 2-month evidence period can follow (Article 27).
How much does it cost to register a trademark in Guatemala?
The official fee is set by the the Intellectual Property Registry of Guatemala (Registro de la Propiedad Intelectual) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Guatemala?
Yes. A foreign owner needs a representative or an address for notifications in Guatemala, and we file through a Guatemalan attorney. Foreign documents need legalisation and a sworn translation into Spanish.
Can I assign a Guatemalan trademark?
A registered or pending mark can be assigned between living persons or by succession. The assignment must be in writing, by public deed or a privately signed document certified by a notary, and be recorded in the Registry to bind third parties. A name change must also be recorded (Article 41).
Can a Guatemalan trademark be cancelled for non-use?
On request of any interested person, after hearing the owner, the competent court cancels a registration if the mark has not been used during the 5 years before the cancellation action. No request can be made within 5 years of registration. Use that starts after 5 years only helps if it began at least 3 months before the action (Article 66).
How can I check the status of a Guatemalan trademark?
Use the the Intellectual Property Registry of Guatemala (Registro de la Propiedad Intelectual) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The applicant can claim the priority of an earlier application filed in a State that is a party to a treaty binding Guatemala, in writing, with the date and country of the first filing. Under the Paris Convention that period is 6 months (Article 18).
How do I change the owner's name or address?
Record the change with the the Intellectual Property Registry of Guatemala (Registro de la Propiedad Intelectual) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Guatemala
SUPREMEiP® files trademarks worldwide through its network and checks every Guatemalan deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
