Trademarks Law in Paraguay
Certainly! Here’s a comprehensive overview of trademark law in Paraguay:
🇵🇾 Trademark Law in Paraguay
1. Legal Framework
The main legal instrument governing trademarks in Paraguay is the Law No. 1,294/98 on Trademarks (Ley de Marcas).
Administered by the Dirección Nacional de Propiedad Intelectual (DINAPI) – the National Directorate of Intellectual Property.
Paraguay is a member of several international agreements:
Paris Convention
TRIPS Agreement
Nice Agreement (for classification)
WIPO Convention
Paraguay is not currently a member of the Madrid Protocol.
2. Definition of a Trademark
A trademark is any sign that can distinguish the goods or services of one enterprise from those of another.
Acceptable forms:
Words, names, signatures
Symbols, logos, emblems
Letters, numbers
Shapes, combinations of colors, sounds, or packaging (trade dress)
Non-traditional marks (like scents or motions) are not currently registrable.
3. What Cannot Be Registered
Descriptive or generic terms
Marks contrary to public order or morality
Flags, emblems, or insignia of Paraguay or other nations
Identical or confusingly similar marks to earlier registered marks
4. Trademark Registration Process
Application filing at DINAPI (includes form, representation of the mark, list of goods/services classified per the Nice Classification).
Formal examination for compliance.
Publication in the official IP bulletin for 60 days for opposition.
Substantive examination including search for prior conflicting marks.
Registration and issuance of certificate if no opposition or successful resolution.
5. Duration and Renewal
Valid for 10 years from the registration date.
Renewable indefinitely for additional 10-year terms.
Renewal must be requested within 6 months before expiration (grace period of 6 months post-expiration with a surcharge).
6. Use Requirements
If a trademark is not used for 5 consecutive years, it may be vulnerable to cancellation for non-use.
Use must be genuine and in connection with the registered goods/services in Paraguay.
7. Rights Conferred
Exclusive right to use the mark in connection with the goods/services.
Right to prevent unauthorized third-party use of identical or confusingly similar marks.
Right to license, assign, or enforce the trademark.
8. Trademark Infringement & Enforcement
Infringement includes unauthorized use that causes likelihood of confusion.
Legal actions may include:
Civil lawsuits (injunctions, damages, seizure of goods)
Criminal actions in cases of counterfeiting
Border enforcement (customs can seize counterfeit goods under request)
9. International Protection
Paraguay is not part of the Madrid Protocol, so international applicants must file directly with DINAPI.
Foreign applicants must appoint a local attorney.
Summary Table
| Feature | Paraguay Trademark Law |
|---|---|
| Governing Authority | DINAPI (Dirección Nacional de PI) |
| Main Law | Law No. 1,294/98 on Trademarks |
| Registration Term | 10 years, renewable indefinitely |
| Opposition Period | 60 days |
| Use Requirement | Must be used within 5 years |
| International Filing | No Madrid Protocol – Direct national filing |
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