This article is to provide a practical guide about the steps for the registration of trademarks in Paraguay.
The procedure is relatively simple. First, it is recommended to perform a research to identify any similar trademarks that may have been requested, to determine the feasibility of its registration or if, on the contrary, its registration would not be feasible because of similarities with other previously requested or granted trademarks.
Upon confirmation that there are no similar precedents to the trademark intended for registration, an application for registration must be filed before the National Directorate for Intellectual Property (DINAPI, for its Spanish initials). Said application must include i) the name of the trademark, ii) the logotype (if any), iii) the description of the services or products to be protected, and, iv) the name and address of the applicant.
Once the application for registration has been filed, DINAPI performs a formal assessment to verify if it complies with all the formalities and requirements. Once the formal assessment is approved, the application is published.
The publication of the application must be performed in a newspaper in Asuncion for three (3) consecutive days. After publication, and counting from the first business day following the last date of publication, the term for filing objections begins. Such term lasts 60 (sixty) business days.
Within the objections term, any owner of a granted or applied trademark (if that application is preceding) can object to the application, in writing, with duly stated reasons like the similarity of the brands or others.
If there are no objections within the stated term, DINAPI will perform a substantive assessment of the application. Said assessment has the purpose of verifying that the intended trademark is not included within prohibitions like generic signs or being an identical or very similar trademark to others that may confuse consumers.
If the substantive assessment is approved, DINAPI will grant the registration.
The entire process takes approximately an average of 9 to 12 months, if there are no inconveniences like objections or others.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.