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Trademark registration in Paraguay

Paraguay is centrally located in South America, bordering Argentina, Brazil and Bolivia. This location gives Paraguay easy access to major markets in the region and participation in global value chains. Paraguay’s economy is largely based on agriculture, accounting for 27% of GDP in 2006. Paraguay’s main agricultural products include: soybeans (the world’s fourth-largest soybean producer and exporter), beef (the world’s eighth-largest beef exporter), and wheat (the world’s 10th largest wheat producer and exporter). Paraguay also produces and exports other agricultural products such as cotton, cassava, sunflower and yerba mate tea. In addition to agriculture, trade and services account for 20.2% of GDP and include activities such as wholesale, retail, tourism, transport and finance. Industry accounts for 19.8% of GDP and includes activities such as the production of food, beverages, textiles, footwear and chemicals. Currently, Paraguay maintains a high level of macroeconomic stability for many years, with a low inflation rate and steady GDP growth. Prudent fiscal and monetary policies contribute to strengthening investor confidence and creating a favorable business environment. Therefore, more and more businesses are expanding their business scope here, in order to be able to distinguish their trademarks from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Paraguay through the article below.

Trademark protection

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    Legal basis

    • Law No. 1294/1998 on Trademarks (amended by Law No. 4.046/2010)

    General overview of trademarks in Paraguay

    What is a trademark?

    A trademark is any mark that can distinguish a product or service in the market. Therefore, a trademark can be thought of as a communication tool used by a manufacturer or service provider to attract customers.

    Why is trademark registration important?

    Trademarks play an important and essential role in the competitive process. Today, it is impossible to imagine a business, no matter how big or small, can operate without advertising, which is possible through trademarks. Consumers associate trademarks with certain products and services, so the credibility and reputation attached to the trademark is extremely important for the choice of one product or another. If the product or service is well received, the trademark will stand out from other brands and will therefore become better known, increasing the overall value of the product or service, as well as other products or services bearing the same brand.

    Conditions for trademark registration in Paraguay

    • Uniqueness: The trademark must be able to distinguish the applicant’s product or service in the market. It cannot be generic or describe the product itself.
    • Legal: A trademark must not be contrary to law, public order, or morals. It must also not infringe existing registered trademarks.
    • Be able to represent visually: The trademark must be able to be represented graphically. This includes words, logos, symbols, sounds, smells, or combinations of these elements.
    • Availability: A trademark must not be identical or confusing to an existing registered trademark in Paraguay for similar products or services.

    Types of trademarks that can be registered in Paraguay

    By form:

    • Word marks: These include only words or phrases, including product names, slogans, or creative terms.
    • Visual trademarks: These are logos, symbols, or designs that visually represent the brand.
    • Trademark combination: These trademarks combine textual and visual elements to create a unique brand.
    • Collective marks: These marks identify goods or services originating from a specific group or organization.
    • Certification marks: These marks guarantee some characteristics of the product or service, but are not owned by the manufacturer itself.

    In some less common cases:

    • Audio trademarks: These include special sounds or melodies associated with a brand.
    • Hologram branding: These are three-dimensional representations with visual effects used for security or brand recognition purposes.
    • Brand odors: These are characteristic scents associated with a product or service (less common due to registration and enforcement difficulties).

    Trademark Registration Process in Paraguay

    Fill out the trademark application form: The applicant fills out the form. A trademark application can only be filed through the use of DINAPI’s informatics platforms or through the Electronic Forms System (SFE-Tramites Digitales ONLINE or Tramites Presenciales.

    Payment of fees: The maximum time to pay the trademark registration fee is within 2 minimum working days. The fee includes fees for receiving documents and checking forms.

    Minimum documents required: Include a notarized copy of ID card and Power of Attorney (in case of applying through a representative.

    Application processing: The applicant waits for the legal deadline of 60 working days (during which time third parties may object to the registration of the trademark)

    End of the time limit: If there is no objection, the Trademark Office will check the content, to give comments. In case of objection, the parties will proceed with an explanation.

    Certification: The certificate will be issued according to the following process:

    • Trademark Bureau: Review comments. If agreed, the trademark application will be forwarded to the Industrial Property Office (DGPI) for certification
    • Department of Industrial Property: conduct an overall assessment of the process and decide on the issuance of the Certificate signed by DGPI

    Filing a trademark application through the DINAPI system

    Electronic Form System (SFE)

    The applicant visits the https://sfe.dinapi.gov.py/ to find instructions for using the system.

    The system allows applicants to complete trademark applications, sign electronically, make payments, and send them to the digital reception desk without printing any paperwork.

    Required documents:

    Trademark registration service in Paraguay of Viet An Law Firm

    • Perform the search and notify you in writing of the results of the trademark search in Paraguay;
    • Draft the dossier and directly file and monitor the status of the trademark application filing in Paraguay on behalf of the trademark owner;
    • Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Paraguay;
    • Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Paraguay.
    • Receive dispatches, certificates and hand over to customers (if any).

    If you need to file a trademark application in Paraguay, please contact Viet An Law for the most effective support.

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