Trademark Registration in Paraguay

To obtain trademark rights in Paraguay, the mark must be registered locally with the National Directorate of Intellectual Property DINAPI. Prior use of a trademark in Paraguay is not required to file or register it, but it can be helpful to overcome objections based on lack of distinctiveness, by showing that the mark has acquired distinctiveness through use.

If you register a combined trademark (including both word and figurative elements) in Paraguay, your exclusive right of use is limited to the exact configuration in which the mark was filed and registered. If you wish to use the word element separately from the logo (or vice versa), it is advisable to file an additional application covering only the elements you wish to use and protect independently.

If a third party later seeks to register or use a trademark for similar goods or services that includes a primary or distinctive part of your trademark, you may oppose that application on the basis of confusing similarity.

In Paraguay, once a trademark is registered, it is automatically entered into the database of the National Customs Office Dirección Nacional de Aduanas. DINAPI and Customs use the same database for trademark-related matters, which allows the representative of a registered trademark to act on the owner’s behalf before customs authorities.

To register a trademark in Paraguay, you will generally need:

• Original Power of Attorney, signed, notarized, and legalized by Apostille or before the Consulate of Paraguay.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average trademark registration process in Paraguay takes approximately 10 months.

This is an estimated timeframe for straightforward cases based on current processing times. It may vary considerably.

A registered trademark in Paraguay is valid for 10 years from the registration date.

• It may be renewed indefinitely for additional periods of 10 years.
• If the trademark is not renewed before its expiry date, it may still be renewed during a six (6)-month grace period after expiration, subject to the payment of late renewal fees.

Yes. Third parties may file opposition actions against a trademark application within 60 business days from the date the application is published in the trademark bulletin. The chances of success for an opposition will depend on the specific facts and circumstances of each case.

Once registered, if a trademark is not used in commerce in Paraguay for a continuous period of five (5) years, it becomes vulnerable to cancellation actions based on non-use. The use of the mark must be on a commercial scale to meet use requirements.