To file a trademark in Paraguay, you must submit the application to the National Office of Intellectual Property (DINAPI), which manages intellectual property registration in the country.
What is a trademark in Paraguay?
A trademark in Paraguay protects any sign that identifies a product or service in the market against usurpations or imitations that violate the owner’s rights. It allows the owner to take action against any third party who uses or applies the protected trademark to other products without consent. Likewise, it enables the owner to prevent third parties from selling or introducing products bearing the protected brand into the market.
Contact us to initiate the process of filing a Trademark in Paraguay. Click Here.
Documents needed
To file a trademark in Paraguay can be done on-line or personally; the form must contain at least the following:
Our in-house translators can assist you.
Trademark Information
To begin the trademark application process, you must provide the following:
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Trademark Name: Please provide the name of the trademark. If the mark includes a design or a combination of word and design, kindly include the corresponding specimens.
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Class or Goods/Services: Next, indicate the class or classes in which you wish to file the application, or specify the goods and services to be protected. Additionally, we recommend sending a description of the goods/services so that we can provide an accurate translation and reclassification that will be accepted by the relevant PTOs in each country.
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Applicant Details: Then, include the full name and address of the applicant, along with the state or country of incorporation.
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Priority Claim: If you wish to claim priority, please provide the priority number and date. You must file the application within 6 months from the filing date in any country that is a member of the Paris Convention.
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Power of Attorney: Submit a Power of Attorney signed by the applicant or an authorized officer of the applicant company. A Notary Public must notarize the signature, and you must include an Apostille.
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Priority Document: Finally, if applicable, submit a certified copy of the priority document. A Notary must notarize this document (if required), and it must be provided for each country, trademark, and class. In most cases, a scanned copy will be sufficient.
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Also, you may need to file a patent in Paraguay.
How is the process of filing a Trademark in Paraguay?
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Previous Search:
Before initiating the application process, applicants must first verify that their distinctive sign is available. Additionally, they should be aware of certain restrictions on what can be considered acceptable for registration.To simplify this step, you can contact us for assistance with identifying applicable restrictions. Furthermore, we offer a free search to help you move forward with confidence.
Submission of Application:
Once you complete and submit the trademark application, DINAPI will begin reviewing it for any errors or missing information. If necessary, they will notify the applicant to provide additional documentation.Examination:
After submission, the examination process begins with the filing of the trademark application form before DINAPI.-
Formal Examination: At this stage, the examiner checks whether the application fulfills the formal requirements, such as the applicant’s name, nationality, address, and appropriate classification of goods or services. Notably, most official actions at this stage relate to issues with classification.
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Substantive Examination: Following the formal review, the examiner evaluates whether another party has already registered the proposed mark. Additionally, they ensure the trademark complies with both absolute and relative grounds for registration under Paraguayan law.
Publication for Opposition:
Finally, once the application passes the examinations, DINAPI publishes it in the Official Gazette for opposition purposes. During this stage, third parties may file objections within the established timeframe. -
FAQ
How long does a Trademark Registration take? Approximately 3 years, if there is no incident that delays the process, this is because there are within the procedure periods established in the Law that must be respected.
How long does the right to a Trademark last? The validity of the Trademark is for 10 years, according to the Industrial Property Law, if after this time you want to maintain the right, you must request its renewal 6 months before expiration.
Check out our blog for more information in Intellectual Property.
Representation by a Intellectual Property Agent
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client
Goytia & Associates has local offices in Argentina and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
Do you need to file a trademark in another country?
This content may suffer modifications due to updates in the official regulations of Paraguay.
