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Paraguay Trademark Registration

Update Date:2015-11-19 16:48:08 Source:Tannet (Malaysia) Sdn Bhd Views:1135

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Paraguay trademark registration- In Paraguay the legal basis is the Trademark Act of August 6th, 1998. Trademark protection is obtained by registration.


 

Paraguay trademark application Requirements

Paraguay trademark application has to be filed before the Office of Industrial Property by us. Paraguay trademark application is require a power of attorney (POA) attested by a notary is necessary. Consular legalization of said document is not necessary for administrative procedures such as filing of trademark applications.


The following documents shall be provided to the Paraguay trademark office.

·         Power of attorney (POA)

·         Logo (JPEG Format).

·         Details of the applicant.

·         The list of the goods and/ or services to be covered by the mark.


Multi-class application is not permitted in Paraguay; separate application should be filed for each class. The adopted classification in Paraguay is the International Classification with 45 classes.


Paraguay Trademark Application Procedure

The Paraguay trademark application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 8 months from first filing to registration. The application process includes:

1. Paraguay Trademark Search  

It is recommended to make a search before filing the Paraguay trademark application, in order to avoid possible conflicts with similar trademarks.

 

2. Paraguay Trademark Examination- The application will be examined to determine its compliance with the formal requirements dictated by the law concerning trademarks. The application should have the adequate information. The mark will be checked if it is classifiable, by carrying out an examination of distinctiveness. A search for marks in the register will also be conducted to identify if the mark in question is in conflict with registered and pending marks.

 

3. Paraguay Trademark Acceptance- The trademark application may either be accepted or rejected based on the results of the examinations. If the mark possesses the characteristics of a registrable trademark, it is greatly possible for the mark to be accepted.


4. Paraguay Trademark Opposition- The mark will then be published in a local newspaper for three consecutive days for advertisement. Any party will be given the right to file for an opposition within the given period of 60 working days after the mark’s last day of publication, if they think that their rights are being violated by the possible registration of the mark in question.


5. Paraguay Trademark Registration- If the application received no objection or received an objection but was resolved in favor of the applicant, the mark will be registered in the name of the applicant and a certificate of registration will be issued. The mark will only be protected upon the issuance of the certificate.


Paraguay trademark Duration

A Paraguay trademark registration is valid for 10 years and starts with registration date. The Paraguay trademark can be renewable for periods of 10 years.

 

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