Trademark registration in Guatemala

The trademark office and official links

Trademarks in Guatemala are registered by the Registro de la Propiedad Intelectual (Intellectual Property Registry), Ministry of Economy (RPI).

• Trademark office: Registro de la Propiedad Intelectual (Intellectual Property Registry), Ministry of Economy (RPI)
• Law: Decree No. 57-2000, Industrial Property Law (Ley de Propiedad Industrial)
• Law: Decree No. 3-2013 amending Decree No. 57-2000
• Law: Government Agreement No. 89-2002, Regulations under the Industrial Property Law
• Law: Government Agreement No. 95-2014 amending Government Agreement No. 89-2002

Official fees in Guatemala

The office does not publish an up-to-date fee schedule we could verify. Ask firms that cover Guatemala for a quote that shows official and professional fees separately — post a request or compare packages.

How to register a trademark in Guatemala

1. Search the Registry's records for earlier identical or similar marks (the Registry offers retrospective searches).
2. File one application per class with the RPI, through its electronic window (VERPI) or in person, through a Guatemalan lawyer if the applicant is not domiciled in Guatemala.
3. The Registry carries out a formal examination, and any deficiencies must be corrected within one month or the application is deemed abandoned.
4. The Registry carries out a substantive examination on registrability grounds, and the applicant has two months to answer any objection.
5. Once accepted, the edict is published in the Registry's Official Bulletin (BORPI), which opens a two-month opposition period.
6. If there is no opposition (or it is resolved in the applicant's favour), the Registry grants the mark and the registration fee must be paid within one month of notification.
7. The mark is entered in the register and is valid for 10 years from the registration date.

Examination, publication and opposition

• Examination: The RPI examines both formalities and substance (absolute and relative grounds) under Article 25 of Decree 57-2000; after the opposition or evidence period ends, the Registry is to decide within one month (Article 28). No official overall processing time is published.
• Publication: Edicts and notices are published in the Boletín Oficial del Registro de la Propiedad Intelectual (BORPI), the Registry's official bulletin created by Decree 3-2013.
• Opposition period: 2 months from publication of the edict (Article 27 of Decree 57-2000); the applicant then has 2 months to respond.

Protection, renewal and use

• Term: 10 years from the registration date, renewable.
• Late renewal: Renewal may be requested within the year before expiry; a 6-month grace period after expiry is available with a surcharge, and the registration remains in force during it (Article 32).
• Use requirement: a registration can be challenged after 5 years of non-use.
• Rights system: first to file.

Filing from abroad

• Local agent: Applicants not domiciled in Guatemala must act through a representative domiciled in Guatemala who is an active member of the Guatemalan bar (Article 7 of Decree 57-2000). In urgent cases a lawyer may act as an unofficial agent (gestor oficioso) by posting a guarantee.
• Power of attorney: Proof of the representative's authority must be filed with the first filing (Article 7). Secondary sources state that a foreign power of attorney must be legalised by a Guatemalan consulate or apostilled; this was not confirmed in the official text.
• Language: Spanish; foreign-language documents such as priority documents and assignments must be accompanied by a Spanish translation (sworn translation for assignments, which must also be legalised).

Firms on TrademarksHub that cover Guatemala can act as your local agent — see firms.

Madrid Protocol

Guatemala is not a member of the Madrid System, so an international registration cannot cover it. You need a national filing, usually through a local agent.

Trademark classes

Nice Classification; each application covers goods or services of a single class. In 2021 the Ministry of Economy authorised the Registry to apply the 11th edition of the Nice Agreement (Ministerial Agreement 397-2021).. Each application covers one class, so file one application per class. Not sure which classes you need? See all 45 classes or classes by business type.

How Guatemala compares

• Opposition: 2 months from publication of the edict (Article 27 of Decree 57-2000); the applicant then has 2 months to respond. — compare all countries
• Renewal: every 10 years; grace period Renewal may be requested within the year before expiry; a 6-month grace period after expiry is available with a surcharge, and the registration remains in force during it (Article 32). — compare all countries
• Foreign owners: required — rules in every country

Guides: registering in any country · costs by country · Madrid

Good to know in Guatemala

• Only one class may be covered per application, so a mark in several classes needs separate applications (Article 22).
• Trademark rights are acquired by registration, not by use, and prior use is not required to apply (Articles 16 and 17).
• Publication is made in the Registry's own official bulletin (BORPI) rather than in a newspaper.
• A registration may be cancelled if the mark has not been used during the 5 years before the cancellation action (Article 66).
• Guatemala is not a member of the Madrid Protocol, so protection must be sought by filing directly with the RPI.

Questions