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FAQ

Q: For how long are Trademark registrations in Paraguay valid? A: Trademark registrations are valid for ten (10) years. The ten year period starts from the date of registration. Irene Angulo  
  Q: For renewal purposes, how is this 10 year validity term calculated? A: A trademark registration can be renewed at the end of every ten (10) year period, and the expiration date for renewal purposes is calculated from the date when it was first registered. There is a six (6) month grace period from the renewal’s due date deadline. Irene Angulo  
  Q: What is the deadline for filing an opposition? A: The deadline for filing an opposition is sixty (60) days from the time the application was published. Deadline is without exception. Marta Berkemeyer  
  Q: Approximately, how long does the trademark registration process take in Paraguay? A: The process for obtaining a trademark registration in Paraguay may take an average of eight (8) to eleven (11) months. The renewal process may take approximately six (6) to eight (8) months. Irene Angulo  
  Q: What are the requirements to complete the Power of Attorney? A: Generally, the Power of Attorney (PoA) provided by the Applicant must be duly notarized by a public notary or other similar authority. PoA´s for use in trademark administrative proceedings do not require Consular legalization. There may be some additional formalities that need to be performed. Please consult our attorneys for more information. Irene Angulo  
  Q: Which is the latest edition of International Classification adopted in Paraguay? A: Decree No. 16939/2002 has adopted the 8th Edition of the International Classification of Goods and Services of the Nice Agreement. As of June 2003, Paraguay is using this classification for trademarks. Irene Angulo  
  Q: Is the registration of License Agreements and Trademark Assignment Documents required before the Trademark Office? A: The registration of License Agreements and Trademark Assignment Documents at the Trademark Office is not mandatory. Registration at the Trademark Office is necessary for legal claims to be enforceable against third parties. Irene Angulo  
  Q: In which cases may oppositions be filed? A: Oppositions may be filed on the basis of a registered or unregistered trademark in Paraguay; a prior pending application of an identical or similar trademark; model or industrial design application that may cause risk of confusion or association among consumers.
Additionally, oppositions may be based on a foreign registration or on a commercial name/ trade name. Oppositions shall be filed within 60 working days of the publication of the application. Marta Berkemeyer  
  Q: Is the use of a registered trademark mandatory/required in Paraguay? A: Yes, trademark registrations may be canceled for lack of use in the following cases:
1. The trademark has not been used for a consecutive period of five (5) years from its date of registration;
2. The use of the trademark registration has been suspended for a period of five (5) years;
3. The trademark in used is a substantial alteration from the trademark as registered in the original certificate of registration. Patricia Sanabria  
  Q: In which instance are cancellations of registered trademarks filed due to the trademarks lack of use? A: Cancelation actions for non-use must be filed before the First Instance Civil Court pursuant to the standard procedures set forth in the Paraguayan Civil Procedure Code. Patricia Sanabria  
  Q: May actions for the cancellation of a trademark registration due to its lack of use be filed in/during an opposition proceeding? A: Yes, actions for the cancellation of a trademark registration for lack of use may be filed as counterclaims in an opposition proceeding. In this situation, the opposition and cancellation action proceed separately. The opposition proceeding may be suspended pending a final decision on the cancellation action. Patricia Sanabria  
  Q: Does Paraguay have a legal text for the protection of domain names? A: No, Paraguay currently has no legal text protecting companies’ or individuals’ domain names. A bill addressing this concern has been introduced and is currently being considered by Congress. Valeria Carrón  
  Q: Which legal entity is in charge of regulating domain names in Paraguay? A: Domain names are being regulated by an entity called NIC-PARAGUAY. Valeria Carrón  
  Q: For how long are domain names registered in Paraguay? A: Domain names are registered for a period of one (1) year. The registration must be renewed to prevent its automatic cancellation. Valeria Carrón  
  Q: Is the registration of pharmaceutical, chemical, cosmetic, food and veterinarian products mandatory in our country? A: Yes, the Sanitary Registration of pharmaceutical, chemical, cosmetic, food and veterinarian products is mandatory. Ignacio  Serratti  
  Q: Is the use of marking mandatory? A: No, the use of marking is not mandatory. It is optional but recommended. Marta Berkemeyer  
  Q: Who may apply for a trademark? A: The owner of a trademark for products or services registered in a foreign jurisdiction shall enjoy protection of its trademark in Paraguay under the Paraguayan Trademark Law. In order to have this protection, the trademark must be registered in Paraguay. The owner or his/her duly authorized trademark agents are the only persons that may apply for registration. Irene Angulo  
  Q: Is there an appeal process if the application is denied? A: If an application is denied by the examiner, a petition to reconsider the denial may be filed. If the examiner denies the reconsideration petition, an appeal may be filed before the Director of the Trademark Office. If the appeal is denied at this stage, then an administrative litigation may be filed before the judicial courts (the Exchequer Court). Irene Angulo  
  Q: May a third party oppose registration or seek cancellation of a trademark or service mark? A: Registration grants title holders the right to the exclusive use of the trademark and the right to take all acts and measures against infringers. Consequently, title holders may oppose registration and use of any mark that may cause confusion with their mark or risk of association with another party.

The period in which to file an opposition is sixty (60) days from the last publication date.

Cancellation of registrations may be granted in the following instances where the registration was: obtained under breach of the law or through fraudulent means, obtained by parties not having the right to title, or where the registration infringes on the rights of another party having legitimate rights to title. The statute of limitation to file cancellation actions is five (5) years from the date of registration. There is no statute of limitation when the party has acted in bad faith, or if the registration is the result of a void and null act. Irene Angulo  
  Q: Who may seek a remedy and under what conditions? A: Titleholders of trademarks registered in Paraguay may seek remedies. Licensees may also seek remedies, as long as the license agreement enables the licensee to do so. The titleholder may also grant a Power of Attorney to the licensee allowing it to pursue such actions. In both cases, the license agreement must have first been recorded with the Trademark Office. Irene Angulo  
 
 
 
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