Register a trademark in Paraguay to secure your unique designs, and maintain exclusive rights to your brand in the country. A crucial element of this step is to conduct a thorough trademark search in Paraguay’s internal database first.
Trademarks are important for obtaining the legal rights to exclusive use of a design or brand of a business. This prevents other people or companies from marketing identical or similar brands, products or services, and allows you to take legal action against third parties if needed. It’s important to do this at the earliest possible stage when incorporating a company in Paraguay.
In Paraguay, you can protect the unique elements of your brand for 10 years at a time. Find out how to conduct a trademark search and register a trademark in Paraguay for your business.
Legal considerations to register a trademark in Paraguay
The trademark in Paraguay is valid for 10 years, from the date of grant. You can renew this trademark indefinitely for consecutive 10-year periods. In Paraguay, the DINAPI (National Intellectual Property Directorate) is the entity responsible for protecting intellectual rights and registering trademarks in Paraguay, at the request of an interested party.
Like any title deed, the trademarked brand can be sold. This procedure can be carried out by means of a public deed, which must subsequently be registered with DINAPI. The holder may also grant a license for the use of the previously registered trademark and the license agreement must be registered with DINAPI.
What constitutes a trademark in Paraguay?
Trademarks are registered according 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 trademark registration and support that businesses can request to protect their intellectual property. Though Paraguay is not technically party to this classification, the country 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 for registration of a sign as a trademark is its distinctive capacity. This also supoprts 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
Once you have chosen the brand or design you want to register, you must first carry out a trademark search in Paraguay’s trademark database, to ensure your chosen design is unique and available. The Department of Citizen Services maintains this database.
2. Submit your application
Once you have completed a trademark search in Paraguay and confirmed the trademark is available, you must submit your application to the Entrance Board of the DINAPI.
To create your application, you must fill out the registration and ‘annex of holders’ forms on the DINAPI website.
You can then present or send your application to the DINAPI Entrance Board at the following address:
Avenida España, No.323
3. Publish your application
Your application must then be published in the DINAPI national gazette or a widely-circulated national newspaper for at least 3 consecutive days, for a maximum of 10 days. This gives third parties the opportunity to make comments on your proposed trademark.
There is an associated fee with this step, which may vary over time. Once paid, you can withdraw your application from the newspaper or gazette.
4. Comments from third parties
After publication, 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 trademark.
Duration of procedure to register a trademark
The process to obtain the registration of a trademark has an approximate wait time of 10 months from the date your submit your application.
Because of the wait time involved in this step, it’s recommended to start the application process as soon as possible – preferably upon incorporation of your company.
The General Directorate of Industrial Property issues a Certificate of Registration of the brand which contains: date of concession, expiration date, name of the brand, name of the owner of the brand and the class it covers.
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 for personalized assistance and advice about how we can help.
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