Why and how to register a trademark in Paraguay

In order to obtain trademark rights in Paraguay, they necessarily have to be registered locally through the Intellectual Property Office of Paraguay (DINAPI). Although previous use of a trademark inside of Paraguay is not required in order to file or register it, it may prove useful in order to overcome initial refusals by the trademark office based on its lack of distinctiveness.

If you register a combined trademark (which includes both word elements and figurative elements) in Paraguay, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

In order to oppose the registration of an applied-for trademark, the opposition must be filed within 60 business days after the trademark is published in the trademark bulletin.

Once a trademark is registered, third parties may present cancellation actions against it if the trademark has not effectively been used in commerce in Paraguay for a consecutive period of five (5) years.

A registered trademark in Paraguay will have a validity period of ten (10) years from the date it is registered. It may be renewed indefinitely for subsequent ten-year terms. If a trademark is not renewed before its expiry date, it may still be renewed up to six (6) months after expiration by payment of extra fees.

In Paraguay, once a trademark has been registered, it is automatically entered into the database of the National Customs Office (Dirección Nacional de Aduanas). The National Intellectual Property Office of Paraguay and the Paraguayan customs use the same database for trademark-related matters. Therefore, once a trademark has been registered, its representative will also be able to act on the owner's behalf before the Paraguayan customs authorities for any inquiries or actions.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Paraguay (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

 

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