Paraguay presents an appealing business environment for entrepreneurs and companies looking to register a trademark. Firstly, its strategic location in the heart of South America provides excellent access to neighboring markets. This makes it a gateway to countries such as Brazil, Argentina, Uruguay, and Bolivia. Secondly, Paraguay boasts a stable economy with consistent growth. A positive business climate is fostered, encouraging investment and entrepreneurship; making it easier to register a trademark in Paraguay.
Paraguay’s robust agriculture sector, known for commodities like soybeans and beef, offers significant opportunities for agribusiness and related industries. The country also benefits from a young and increasingly skilled workforce. This provides a talented pool of individuals for businesses seeking to expand their operations and register a trademark in Paraguay.
Furthermore, the country has been making investments in infrastructure development. This includes roads, ports, and logistics, improving transportation and connectivity within the country and beyond. The government’s commitment to fostering a business-friendly environment is evident through its reforms, aimed at enhancing competitiveness, and the provision of support programs and initiatives.
Collectively, these factors position the nation as an attractive destination for businesses seeking growth and opportunities; such as providing the opportunity to register a trademark in Paraguay, offering a stable economy, having a strategic location, prioritizing investment incentives, offering competitive costs, hosting a strong agriculture sector, boasting a skilled workforce, improving infrastructure, and supportive government policies.
How to Register a Trademark in Paraguay
In order to safeguard your distinctive designs and maintain exclusive rights to your brand, it is essential to register a trademark in Paraguay. A crucial initial step is to thoroughly search Paraguay’s internal trademark database to ensure the availability of your desired trademark.
Deciding to register a trademark in Paraguay is vital for securing legal rights to the exclusive use of your business’s brand or design. It serves as a protective measure, preventing others from marketing identical or similar brands, products, or services. Moreover, it grants you the ability to take legal action against third parties if necessary. It is imperative to initiate this process at the earliest stage of incorporating a company in Paraguay.
In Paraguay, trademark protection can be obtained for a period of 10 years. To learn how to conduct a trademark search and successfully register a trademark in Paraguay, it is recommended to explore the appropriate resources and guidelines specific to the country’s trademark registration process.
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Legal considerations to register a trademark in Paraguay
The validity of a trademark in Paraguay extends for a period of 10 years, commencing from the date of grant. It is possible to renew the trademark indefinitely for consecutive 10-year periods. The National Intellectual Property Directorate (DINAPI) is the responsible entity for safeguarding intellectual property rights and overseeing those who register a trademark in Paraguay, upon request from interested parties.
Similar to a property deed, a trademarked brand can be sold. This process involves executing a public deed, which must subsequently be registered with DINAPI. The trademark holder also has the option to grant a license for the use of the registered trademark, in which case the license agreement needs to be registered with DINAPI. These measures ensure the proper documentation and legal protection of companies and individuals that register a trademark in Paraguay.
What constitutes a trademark in Paraguay?
Trademarks are registered with accordance to the International Classification of Products and Services administered by the World Intellectual Property Organization. This classification – also known as the Nice Classification – distinguishes 34 kinds of products and 11 services regarding how to register a trademark in Paraguay and support that businesses can request to protect their intellectual property. Despite the fact that Paraguay is not strictly party to this categorization, the state applies it to its own Trademark Law.
Paraguayan Trademark Law states that (translated from Spanish):
“Trademarks are all signs that serve to distinguish products or services. The marks may consist of one or more:
- words, slogans, emblems, monograms, stamps, bullets, reliefs;
- names, fantasy words, letters and numbers with different shapes or combinations; combinations and arrangements of colors, labels, packaging and wrapping.
“They may also consist of the form, presentation or conditioning of the products or their packaging or wrappings, or of the means or place of sale of the corresponding products or services.”
An essential requirement to register a trademark in Paraguay, is its distinctive capacity. This also supports the business’ brand awareness with the local consumer population.
The scope of the trademark in Paraguay is exclusively territorial; that is, trademarks registered in Paraguay are valid within the country’s territory. If you need to protect your intellectual property in another you’ll need to register a separate trademark for the same item(s) with the local government.
Steps to register a trademark in Paraguay
There are 6 key steps to register a trademark in Paraguay.
1. Conduct a trademark search in Paraguay
Upon choosing the brand or design you want to register, you must first carry out a trademark search in Paraguay’s trademark database. This is in order to ensure your chosen design is not reserved. The Department of Citizen Services maintains this database.
2. Submit your application
Once you have conducted a trademark search in Paraguay and verified the availability of the desired trademark, the next step is to submit your application to the Entrance Board of the National Intellectual Property Directorate (DINAPI).
To initiate the application process, you need to complete the registration and ‘annex of holders’ forms, which can be found on the DINAPI website.
After filling out the necessary forms, you can either present the application in person or send it by mail to the DINAPI Entrance Board. The specific address for submission is as follows:
Avenida España, No.323
3. Publish your application
Subsequently, your trademark application needs to be published in the DINAPI national gazette or a widely-circulated national newspaper for a minimum of 3 consecutive days and up to a maximum of 10 days. This publication period allows third parties to review and provide any comments or objections regarding your decision to register a trademark in Paraguay.
Please note that there is a fee associated with this step, which is subject to change. Once the fee has been paid, you have the option to withdraw your application from the newspaper or gazette.
4. Comments from third parties
Third parties have 60 business days to present comment or objection to your proposed trademark. If you receive comments from third parties regarding your trademark, the DINAPI will take this into account when reviewing your application.
5. Substantive review of your application
After 60 days, DINAPI will conduct a review of your trademark application and any additional comments from third parties. DINAPI must confirm that your application and proposed design are in full compliance with the country’s Trademark Law.
6. Brand concession
Finally, DINAPI’s Trademark Director will issue an opinion on your application, to be considered by the General Directorate of Industrial Property. The General Directorate will either approve or reject your proposition to register a trademark in Paraguay.
Duration of procedure to register a trademark
From the date of submitting your trademark application, the process to obtain registration typically takes around 10 months. Due to the time involved, it is advisable to initiate the application process as early as possible, preferably upon incorporating your company.
Once the application has undergone the necessary examination and evaluation, the General Directorate of Industrial Property will issue a Certificate of Registration for the trademark. This certificate includes essential information such as the date of concession, expiration date, the name of the brand, the name of the brand owner, and the specific class under which it is registered.
The Certificate of Registration serves as official proof of your trademark’s legal protection and ownership rights in Paraguay. It is a valuable document that reinforces your exclusive rights to use the registered brand and provides legal recourse in case of infringement or unauthorized use by third parties
Who can apply for a trademark in Paraguay?
Individuals and legal entities can apply for a trademark in Paraguay. Individuals or ‘natural persons’ can do this with the appropriate sponsorship or by proxy, and legal entities must apply for a trademark by proxy. This means that as a legal entity or business, you’ll need the help of a local trademark specialist, who you can appoint through a Power of Attorney document.
Once you have granted your Power of Attorney to the appropriate legal expert in Paraguay, you must register this documentation and other specific information about your business with the DINAPI.
Register a trademark in Paraguay with expert support
As a business looking to register a trademark in Paraguay, it’s important to get support from a local corporate law expert. This will ensure you have included all the necessary documentation in your application, and conducted a thorough trademark search in Paraguay to confirm your brand is unique.
At Biz Latin Hub, our local team of legal experts has the knowledge and experience to support your trademark registration in Paraguay. Our full suite of bilingual market entry and back-office services are tailored to your needs, to ensure your commercial success in the country.
Reach out to us today here at Biz Latin Hub for personalized assistance and advice about how we can help.
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The information provided here within should not be construed as formal guidance or advice. Please consult a professional for your specific situation. Information provided is for informative purposes only and may not capture all pertinent laws, standards, and best practices. The regulatory landscape is continually evolving; information mentioned may be outdated and/or could undergo changes. The interpretations presented are not official. Some sections are based on the interpretations or views of relevant authorities, but we cannot ensure that these perspectives will be supported in all professional settings.