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Country trademark guide · Updated

Trademark registration in Guatemala

To register a trademark in Guatemala, a local lawyer files directly with the Intellectual Property Registry (RPI): Guatemala is not in the Madrid System. Accepted applications are published once in the BORPI gazette, with a 2-month opposition period; after grant, the registration fee is due within 1 month of notice, or the application is abandoned.

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Trademark registration in Guatemala

Five questions first

Which route?Guatemala is not in the Madrid System, so the only route is a direct application to the RPI through a practising Guatemalan lawyer; within 6 months of your first filing abroad, you can claim its priority.Details ↓What do I need?The applicant's name, nationality and place of incorporation, the mark (with a Spanish translation of any foreign wording), specific goods or services in one class, and a notarised and apostilled power of attorney.Details ↓How are official fees charged?Per application, one class each: GTQ 110 to file; notice and publication from about GTQ 400 after examination; then GTQ 90 registration and GTQ 200 certificate. Service fees are quoted after you submit the order.Details ↓How long does it take?Statutory: 1 month to correct formal defects, 2 months to answer objections and a 2-month opposition period after publication. The RPI publishes no average examination times.Details ↓What are the main risks?Missing the 1-month deadline to correct defects or pay the registration fee (the application is abandoned), similarity to earlier marks, registration by distributors, and court cancellation after 5 years of non-use.Details ↓
Key facts

Trademarks in Guatemala: key facts

OfficeIntellectual Property Registry (Registro de la Propiedad Intelectual, RPI), under the Ministry of Economy; trademarks are examined by its Department of Trademarks and Other Distinctive Signs. Website and search links: IP Toolbox.
LawIndustrial Property Law (Decree 57-2000, in force since 1 November 2000, amended by Decrees 11-2006 and 3-2013); its Regulations (Government Agreement 89-2002); official fees under Government Agreement 862-2000 (amended in 2014)
How rights ariseExclusive rights arise from registration and cover only the registered goods and services; priority follows the date and time of filing; no proof of use is needed to file
Madrid SystemNot a party to the Madrid Protocol (WIPO list of members, checked on 6 October 2026); Guatemala cannot be designated through an international registration
RepresentationApplicants domiciled abroad must be represented by a practising lawyer domiciled in Guatemala (abogado colegiado activo)
ClassesNice Classification; the application states the class number, each application covers one class, and fees are charged per application
Office action response (statutory)1 month to correct formal defects; 2 months to answer substantive objections; with no reply, the application is deemed abandoned. Statutory periods cannot be extended
Publication and opposition (statutory)After examination, the application is published once in the RPI Official Gazette (BORPI); any interested party can oppose within 2 months from the day after publication
Registration fee (statutory)With no opposition, or once an opposition is dismissed, the RPI grants registration; if the registration fee is not paid within 1 month of notice, the application is deemed abandoned
Term and renewal10 years from the registration date, renewable indefinitely for 10 years at a time; renew within the year before expiry, or in a 6-month grace period afterwards with a surcharge
Non-useOnce a registration is 5 years old, after 5 consecutive years of non-use an interested party can ask the courts to cancel it; if only some goods are not in use, those goods are removed
Priority6-month Paris Convention priority; a certified copy of the earlier application needs no legalisation or apostille, but needs a Spanish translation
Filing feeGTQ 110 per application; plus notice GTQ 200, publication GTQ 200–1,000 (by space and whether there are figurative elements), registration GTQ 90 and certificate GTQ 200 (in force since 17 May 2014)

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing: whether to claim priority

Guatemala is not in the Madrid System, so foreign applicants can only file directly with the RPI through a Guatemalan lawyer. The real choice is whether to claim priority from an earlier application filed abroad.

ItemDirect filing (no priority claim)Claiming priority from an earlier filing abroad
PrerequisiteNone; use this if you have no earlier application, or it was filed more than 6 months agoFile in Guatemala within 6 months, counted from the day after your first filing; the goods and services cannot go beyond the earlier application
Filing date and rankingThe date and time of filing with the RPIThe earlier filing date becomes the priority date; identical or similar applications filed by others in Guatemala in the meantime rank behind yours
Extra stepsNoneState the country, filing date and number of the earlier application when filing; within 3 months after the priority period ends at the latest, file a copy of the earlier application issued by the office that received it, with a Spanish translation; the copy needs no legalisation
Official feesGTQ 110 per application to file; notice, publication, registration and certificate fees follow after examinationSame as a direct filing; the fee schedule has no separate priority fee
RiskIf someone else files in Guatemala between your home filing and your Guatemalan filing, their application blocks yoursIf the priority document is not filed in time, priority is lost
Best forYou have not filed elsewhere yet, or your earlier application is more than 6 months oldYou filed elsewhere less than 6 months ago, especially if you are worried about a pre-emptive filing in Guatemala

If you are also filing in Central and North America, compare Trademark registration in Mexico: Mexico can be designated through Madrid, while Guatemala needs its own national application.

Not sure? Run a free search first, then submit an order online; the agent will advise you based on the search results.

What to prepare

Documents checklist

For an application to the RPI, foreign companies and individuals usually prepare the following information and documents. No evidence of use is needed at filing.

Applicant

  • Name, nationality and address; for a company, its place (country) of incorporation. Write the name exactly as in the power of attorney and company registration documents: the certificate is issued in the name as written in the application
  • An address in Guatemala for notifications, usually that of your Guatemalan lawyer; if the address is not genuine, the RPI can notify you through its official gazette instead
  • Joint applicants appoint a common representative; if they do not, the applicant named first in the application acts as representative

The mark

  • A representation of the mark: needed for word marks in a special typeface or colour and for figurative, combined and three-dimensional marks; paper filings include 4 further copies, electronic filings through VERPI do not
  • Any non-Spanish wording with a meaning needs a simple Spanish translation
  • If you claim colours, name them or give their colour codes; do not include ® or ™ in the representation
  • A mark of two or more words that includes descriptive or generic terms needs a disclaimer of exclusive rights over those terms

Goods or services

  • State the class number; each application covers one class, so several classes mean several applications
  • Use terms from the Nice alphabetical list where possible; the RPI asks you to correct descriptions that are vague, unclear or do not fit the class

Representation and priority

  • Power of attorney (mandato): Guatemala applies the Apostille Convention, so a power of attorney issued in another Contracting State is notarised and apostilled, with no consular legalisation; under the RPI examination guidelines, it must be in force and duly registered, and a copy is enough
  • If the power of attorney is not ready in time, the lawyer can file first as a gestor oficioso (acting on your behalf without a mandate), providing a guarantee in an amount set by the RPI
  • To claim priority, give the country, filing date and number of the earlier application when filing, then file in time the copy issued by the receiving office, with a Spanish translation

Translations and registration of signed documents such as the power of attorney follow the agent's instructions. A mark containing another person's name, likeness or signature needs the consent of that person or their heirs; one containing the emblems of a state or an international organisation needs the consent of the competent authority.

How long

Process and timeline

Example: a direct application with no opposition. Periods marked "statutory" are set by law and cannot be extended.

  1. Step 1

    Clearance search (recommended)

    Search for similar earlier marks, split the filing by class and settle the wording of the goods and services

  2. Step 2

    Filing

    File through the RPI's electronic window (VERPI) or on paper and pay the filing fee; the filing date is the date the applicant and notification address, the mark, the goods or services and proof of payment are all complete

  3. Step 3

    Formal and substantive examination

    Formal defects must be corrected within 1 month; the RPI lists any grounds for refusal together, to be answered within 2 months (statutory)

  4. Step 4

    Notice and publication

    After examination, pay the notice and publication fees as instructed; the application is published once in the BORPI

  5. Step 5

    Opposition period

    Oppositions within 2 months from the day after publication (statutory); if one is filed, the applicant has 2 months to answer, plus a 2-month evidence period if needed

  6. Step 6

    Registration fee and certificate

    With no opposition, the RPI grants registration; pay the registration fee within 1 month of notice (statutory), after which the registration certificate is issued

The RPI publishes no verifiable average examination times, so this page lists only statutory periods. Where the law sets no other period, an application is deemed abandoned if the applicant does not act within 6 months of the last notice; under the RPI examination guidelines, the notice and publication fees must be paid together within 6 months of notice.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are in Guatemalan quetzales (GTQ) and charged per application, each covering one class. Besides the filing fee, notice and publication fees are due after examination, and registration and certificate fees after grant; the publication fee depends on the space the notice takes and whether it includes figurative elements. The table below shows the RPI's current fees.

ItemChargedAmount
Paid on filing
Application fee (per application; one class per application)Per class110 GTQ
Paid on registration
Registration fee (payable within 1 month of notice of the grant decision, per application)Per class90 GTQ
Issue of the registration certificate (per registration)Per class200 GTQ
Keeping the registration
Renewal fee (every 10 years, per registration)Per class200 GTQ
Surcharge for renewal in the grace period (within 6 months after expiry, per registration)Per class200 GTQ
Other
Edict fee (after examination is passed, per application; payable together with the publication fee within 6 months of notification)Per class200 GTQ
Publication fee in BORPI (word mark without design, up to a quarter page; larger space 300–800)Per class200 GTQ
Publication fee in BORPI (mark containing a design, up to a quarter page; larger space 500–1,000)Per class300 GTQ

Source: Registro de la Propiedad Intelectual (RPI), Acuerdo Gubernativo 862-2000, Arancel del Registro de la Propiedad Intelectual en Materia de Propiedad Industrial, reformado por Acuerdo Gubernativo 148-2014, art. 2 a) 1; Registro de la Propiedad Intelectual (RPI), Acuerdo Gubernativo 862-2000, Arancel del Registro de la Propiedad Intelectual en Materia de Propiedad Industrial, reformado por Acuerdo Gubernativo 148-2014, art. 2 a) 2; Registro de la Propiedad Intelectual (RPI), Acuerdo Gubernativo 862-2000, Arancel del Registro de la Propiedad Intelectual en Materia de Propiedad Industrial, reformado por Acuerdo Gubernativo 148-2014, art. 3; Registro de la Propiedad Intelectual (RPI), Acuerdo Gubernativo 862-2000, Arancel del Registro de la Propiedad Intelectual en Materia de Propiedad Industrial, reformado por Acuerdo Gubernativo 148-2014, art. 2 a) 4; Registro de la Propiedad Intelectual (RPI), Acuerdo Gubernativo 862-2000, Arancel del Registro de la Propiedad Intelectual en Materia de Propiedad Industrial, reformado por Acuerdo Gubernativo 148-2014, art. 2 a) 5; Registro de la Propiedad Intelectual (RPI), Acuerdo Gubernativo 862-2000, Arancel del Registro de la Propiedad Intelectual en Materia de Propiedad Industrial, reformado por Acuerdo Gubernativo 148-2014, art. 2 a) 17.1–17.6; Registro de la Propiedad Intelectual (RPI), Acuerdo Gubernativo 862-2000, Arancel del Registro de la Propiedad Intelectual en Materia de Propiedad Industrial, reformado por Acuerdo Gubernativo 148-2014, art. 2 a) 17.7–17.11 · current fees in force since 2014-05-17 · checked on 2026-10-07 · The Bank of China publishes no rate for this currency, so fees are shown in the original currency only

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Need to register a trademark in Guatemala?

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Example: a word mark without figurative elements in one class, with a publication of up to a quarter page: filing GTQ 110 + notice 200 + publication 200 + registration 90 + certificate 200 = GTQ 800. For a mark with figurative elements, publication up to a quarter page costs GTQ 300, so GTQ 900 in total; larger publications cost up to GTQ 1,000. Two classes need two applications, so fees add up per application.

Renewal costs GTQ 200 per registration; renewal in the 6-month grace period after expiry adds GTQ 200. Official paper forms cost GTQ 5 each.

Service fees, including the Guatemalan lawyer's fee, are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Guatemala and common refusals

These are the most common issues in Guatemalan examination, along with Guatemalan rules that are easy to overlook.

Short statutory deadlines that cannot be extended; missing one means abandonment

Statutory periods in Guatemala generally cannot be extended: formal defects must be corrected within 1 month, objections answered within 2 months, and the registration fee paid within 1 month of notice of the decision to grant. Missing any of them means the application is deemed abandoned, losing its priority, and you must file again. When instructing your lawyer, make sure the notification address and contact details are correct.

2-month opposition period; the Pan-American Convention can ground an opposition

Once the application is published in the BORPI, third parties have 2 months to oppose. Besides marks filed or registered in Guatemala, the RPI accepts oppositions under the 1929 General Inter-American Convention for Trade Mark and Commercial Protection based on an unregistered mark used in another Contracting State, but the opponent must prove that the applicant knew of the mark and that it has been used continuously for the same kind of goods. If you already have a brand in Guatemala, watch the gazette.

National filing only, one class per application

Guatemala is not in the Madrid System, so an international registration through WIPO cannot extend to Guatemala; you must file separately through a Guatemalan lawyer, one application and one fee per class. After filing, the goods can only be narrowed; to broaden them substantially, the RPI requires a new application.

Registration by agents or distributors

If an applicant is or was an agent, representative, customer or distributor of the foreign owner of a mark, or has any other relationship with them, and files an identical or similar mark without authorisation, the law presumes bad faith; a registration obtained in bad faith is absolutely void, and its invalidity can be sought in court at any time. Before working with a Guatemalan distributor, file in your own name first.

Non-use cancellation goes through the courts

Once a registration is 5 years old, after 5 consecutive years of non-use in Guatemala, an interested party can ask the courts to cancel it, or raise non-use as a defence in opposition, invalidity or infringement proceedings. The owner bears the burden of proving use; use that begins less than 3 months before the cancellation request does not prevent cancellation. Use by a licensee counts as use by the owner.

Similarity and distinctiveness

Marks identical or similar to an earlier application or registration for identical or similar goods or services are refused, as are signs that directly describe the goods or services, and their translations or variant spellings. The RPI compares the overall visual, phonetic and conceptual impression; numbers, letters or qualifiers such as "super" or "premium" do not make a similar mark distinguishable. A clearance search before filing greatly reduces these risks.

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After registration

Keeping the registration

A Guatemalan registration lasts 10 years from the registration date and is renewed before expiry; once it is 5 years old, 5 consecutive years of non-use can lead to cancellation by the courts.

WhenWhat to doOfficial fee
Within the year before expiry, every 10 yearsRenew: each registration is filed separately, with no examination or publication, extending it for 10 years from the end of the previous termGTQ 200 per registration
Within 6 months after expiryRenewal is still possible in the grace period, during which the registration remains in force; if it is not renewed by the end, the registration lapsesGTQ 200 per registration + GTQ 200 surcharge
Once the registration is 5 years oldKeep using the mark and keep sales and advertising evidence against a non-use cancellation—
Any timeAssignments and changes of the owner's name must be recorded with the RPI to be effective against third parties, and are published once recorded; licences can be recorded but need not beGTQ 200 per request + GTQ 200 per mark recorded, plus publication and certificate fees

If infringing goods are imported or exported after registration, the owner can apply to the court of first instance where the customs office is located for border measures suspending their clearance; customs can also apply to the court on its own initiative if it suspects infringement. E-commerce brand registries usually also require a registered or pending trademark. Use by a licensee counts as use by the owner, so keep evidence of use.

FAQ

Trademark registration in Guatemala

How much does a Guatemalan trademark cost?

Official fees are per application, each covering one class: GTQ 110 to file; after examination, a notice fee of GTQ 200 and a publication fee of GTQ 200–1,000 (by space and whether there are figurative elements); after grant, a registration fee of GTQ 90 and a certificate fee of GTQ 200. A word mark in one class with a publication of up to a quarter page costs about GTQ 800 in official fees. Service fees, including the Guatemalan lawyer's fee, are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does Guatemalan trademark registration take?

The RPI publishes no verifiable average examination times. The statutory milestones are: 1 month to correct formal defects, 2 months to answer objections, a 2-month opposition period after publication, and 1 month after notice of the decision to grant to pay the registration fee. With an opposition, the applicant has 2 months to answer, plus a 2-month evidence period if needed, so the whole process takes noticeably longer.

Can I designate Guatemala through a Madrid international registration?

No. Guatemala is not a party to the Madrid Protocol (WIPO list of members as of 6 October 2026), so an international registration cannot designate Guatemala; you must file separately with the RPI through a Guatemalan lawyer. If you filed elsewhere less than 6 months ago, you can claim that priority when filing in Guatemala.

Does the power of attorney need legalisation for Guatemala?

Not consular legalisation, if it is issued in a country that applies the Apostille Convention. Guatemala has applied the Convention since 18 September 2017, so a power of attorney from another Contracting State is notarised and then apostilled. Under the RPI examination guidelines, the power must be in force and duly registered, and a copy can be filed with the RPI. If it is not ready in time, the lawyer can file first as a gestor oficioso.

How long does a Guatemalan trademark last, and how is it renewed?

10 years from the registration date, renewable indefinitely for 10 years at a time. Renewal is filed within the year before expiry, at GTQ 200 per registration; after expiry there is also a 6-month grace period, with a GTQ 200 surcharge. Renewals are not examined or published.

Which office handles trademarks in Guatemala, and how do I check a mark?

The trademark office is the Intellectual Property Registry (RPI), under the Ministry of Economy. You can check a registration's status in the trademark search system on the RPI website; publications and the start of the opposition period follow the RPI Official Gazette (BORPI). To check the risk of similar marks before filing, use the free search on this page.

Other IP rights

Patents: Guatemalan invention patents last 20 years from the filing date and utility models 10 years from the filing date; Guatemala has been a PCT member since 14 October 2006.

Designs: protected for 10 years from the filing date, renewable once for 5 years, with renewal requested within the 60 days before expiry; Guatemala is not party to the Hague Agreement, so designs must be filed nationally.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

Costa Rica · Cuba · Jamaica · Panama · Honduras · Dominican Republic

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Notice: the services described on this page are carried out by locally licensed partner firms; J&C is your point of contact and coordinates and delivers the work. Fees shown are estimates; official fees are those actually charged by the office and the final quote is confirmed by an agent. Examination times are set by each office and the outcome depends on official examination; we make no promise as to results. By submitting an order you agree that the information needed for the work is shared with the relevant partner firm (which may be outside your country). This page is general information, not legal advice.

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