The short answer
A Paraguayan trademark registration is valid for 10 years and can be renewed indefinitely for equal periods. Request renewal in the last year, or within a 6-month grace period after expiry with a surcharge. After publication, opposition can be filed within 60 working days. Use is mandatory, and a court can cancel a mark that was not used for 5 consecutive years. Companies must act through a registered industrial property agent.
Trademark deadlines in Paraguay at a glance
These rules come from Law No. 1.294 of 1998 on Trademarks, in the Spanish text published by the judiciary's Industrial Property Directorate page. The text is the one we reviewed and later amendments may exist, so we confirm the current text, the regulations and fees with DINAPI before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable indefinitely for periods of equal length (Article 19). |
| Which date does the term count from? | The grant of the registration. The Law states 10 years of validity and counts each new term from the previous expiry date (Article 19), so we diarise from the date on the certificate. |
| When can I renew? | The renewal request is filed within the last year before expiry, with the same formalities as for registration. The new period counts from the previous expiry date. Renewal requests are also published (Articles 19 and 20). |
| Is there a grace period? | Yes. Renewal can be requested within a 6-month grace period after expiry, paying the surcharge plus the renewal fee. A renewal application is treated as abandoned if there is no action for 180 days from the expiry or the last later act (Articles 19 and 26). |
| Opposition period | Opposition is filed with a reasoned written statement with the Directorate up to 60 working days, counted from the first working day after the last publication. The applicant has 18 working days to answer and there is a 40-working-day evidence period. All oppositions are decided in a single act (Articles 46 and 47). |
| Reply to an office action | The substantive examination takes place after the opposition period ends (Article 20). Abandonment for 90 days of an application causes the loss of priority of right (Articles 22 and 23). Decisions of section heads can be appealed within 5 days (Article 51). |
| Priority claim | Paraguay is a Paris Convention member and the first filing priority of 6 months applies through the treaty. The right to file belongs to the owner or its duly authorised agents (Article 18). We confirm the priority documents required. |
| Non-use | Use is mandatory. At the request of a party, the registration is cancelled if use did not start within 5 years after registration, or if it was interrupted for more than 5 consecutive years, or if it was used with substantial changes. Force majeure is a defence, and the owner must prove use. The action is brought in the civil and commercial courts (Articles 27 to 29). |
| Assignment | Rights in a registered or pending mark can be assigned or transferred, independently of the business. The transfer is effective against third parties from its inscription at the Directorate, and any change of the owner's name or domicile must also be recorded (Articles 39, 40, 44 and 45). |
Who can register a trademark in Paraguay
The owner of a foreign-registered mark or its duly authorised agents can apply (Article 18). The application gives the owner, the mark and the goods or services by class. One application covers one mark.
Representation. A person who does not live in the country appoints an attorney with a legal domicile in Asunción, and companies can act only through a registered industrial property agent (Article on the application and its regulations). We file through a Paraguayan agent.
Trademark registration process in Paraguay
Search
- Search the the Directorate of Industrial Property (Dirección de la Propiedad Industrial, DINAPI) records for identical or similar marks in your classes.
File the application
- File with the the Directorate of Industrial Property (Dirección de la Propiedad Industrial, DINAPI), through your Paraguayan industrial property agent.
- 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.
- Right after the formal examination the application is published, and opposition is open for 60 working days after the last publication (Articles 20 and 46).
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 Directorate of Industrial Property (Dirección de la Propiedad Industrial, DINAPI) 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.
Paraguay trademark validity and renewal
- The term is 10 years, with each new period counted from the previous expiry.
- Request renewal in the last year before expiry.
- A 6-month grace period with a surcharge follows expiry.
- Use the mark in Paraguay 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 Paraguayan trademark
Assignment
Change of ownership
Record the assignment so it binds third parties (Articles 43 and 44).
Licence
Licensing the mark
A written licence must be inscribed to have effect against third parties (Articles 31 and 32).
Name or domicile
Change of details
Record changes so they bind third parties (Article 45).
Collective marks
Associations
The Law regulates collective and certification marks (Articles 61 to 69).
Non-use and cancellation of a Paraguayan trademark
Under Article 27, a court can cancel a registration for non-use as described. Under Articles 54 and 55, a court can declare nullity, and the action can be brought within five years. The owner's right also ends by renunciation or by not renewing (Article 53).
Keep dated proof of use in Paraguay: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Paraguay
Search the DINAPI trademark database and the official bulletin where applications are published. The 60-working-day opposition period runs from the last publication.
Sources used
- Law No. 1.294 of 1998 on Trademarks, Spanish text published on the judiciary's Industrial Property Directorate page: Articles 18 to 20, 22, 26 to 29, 31, 32, 39 to 47, 51, 53 to 55 and 61 to 69.
- DINAPI for the regulations, forms and fees.
Paraguay trademark FAQ
How long does a trademark last in Paraguay, and from when?
10 years, renewable indefinitely for periods of equal length (Article 19). Each term counts from the previous expiry date, so use the certificate date (Article 19).
When should I renew a Paraguayan trademark, and is there a grace period?
The renewal request is filed within the last year before expiry, with the same formalities as for registration. The new period counts from the previous expiry date. Renewal requests are also published (Articles 19 and 20).
What is the opposition period in Paraguay?
Opposition is filed with a reasoned written statement with the Directorate up to 60 working days, counted from the first working day after the last publication. The applicant has 18 working days to answer and there is a 40-working-day evidence period. All oppositions are decided in a single act (Articles 46 and 47).
How much does it cost to register a trademark in Paraguay?
The official fee is set by the the Directorate of Industrial Property (Dirección de la Propiedad Industrial, DINAPI) 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 Paraguay?
Yes. A foreign company must act through a registered Paraguayan industrial property agent, who holds the domicile for notices. We handle the Spanish-language procedure.
Can I assign a Paraguayan trademark?
Rights in a registered or pending mark can be assigned or transferred, independently of the business. The transfer is effective against third parties from its inscription at the Directorate, and any change of the owner's name or domicile must also be recorded (Articles 39, 40, 44 and 45).
Can a Paraguayan trademark be cancelled for non-use?
Use is mandatory. At the request of a party, the registration is cancelled if use did not start within 5 years after registration, or if it was interrupted for more than 5 consecutive years, or if it was used with substantial changes. Force majeure is a defence, and the owner must prove use. The action is brought in the civil and commercial courts (Articles 27 to 29).
How can I check the status of a Paraguayan trademark?
Use the the Directorate of Industrial Property (Dirección de la Propiedad Industrial, DINAPI) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Paraguay is a Paris Convention member and the first filing priority of 6 months applies through the treaty. The right to file belongs to the owner or its duly authorised agents (Article 18). We confirm the priority documents required.
How do I change the owner's name or address?
Record the change with the the Directorate of Industrial Property (Dirección de la Propiedad Industrial, DINAPI) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Paraguay
SUPREMEiP® files trademarks worldwide through its network and checks every Paraguayan deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
