Legal framework overview

Guatemala’s IP legal framework mainly consists of the following key instruments:

• Industrial Property Law (Decree No. 57-2000);

• Trade mark provisions (Title III, Decree No. 57-2000);

• Copyright and Related Rights Law (Decree No. 33-98);

• Law on the Protection of Trade Secrets (Decree No. 19-2013).

Competent authorities:

• RPI (Registro de la Propiedad Industrial) – responsible for the registration of patents, trade marks, industrial designs and geographical indications;

• Ministry of Economy (MINECO) – administrative supervision and policy-making.

Guatemala is a member of WIPO, the PCT, the Madrid System, the Paris Convention, TRIPS and CAFTA-DR.

International cooperation and regional integration

• Guatemala participates in WIPO, the PCT, the Madrid System, the Paris Convention, TRIPS and CAFTA-DR as a contracting state;

• Cooperates on IP information-sharing within the Central American economic integration system (SIECA);

• Has signed data-exchange agreements with WIPO, EUIPO and INPI México;

• Is implementing the “Propiedad Industrial Digital 2025” strategy, aiming to achieve fully electronic filing and examination.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with RPI;

• Alternatively, Guatemala may be designated under the Madrid System (Madrid Protocol) (member since 2013).

Classification

• Applies the Nice Classification;

• Each class must be filed in a separate application; multi-class applications are not available.

Examination procedure

• Formal examination: around 1–2 months;

• Substantive examination: around 6–8 months;

• Opposition period: oppositions may be filed within 2 months from the publication date.

Use and renewal

• Registration term: 10 years, renewable indefinitely;

• Non-use for 5 consecutive years may result in cancellation.

Examination features

• Examination language is Spanish;

• Focus on distinctiveness and likelihood of confusion with prior rights;

• Registrable signs include service marks, collective marks and certification marks;

• Official online system: SAPI – Sistema de Administración de la Propiedad Industrial (RPI Online).

Patent system

Types and terms of protection

• Invention patent (Patente de Invención): protection for 20 years from the filing date;

• Utility model (Modelo de Utilidad): protection for 10 years from the filing date.

Examination mechanism

• Invention patents are subject to substantive examination;

• A request for examination must be filed within 3 years from the filing date;

• Average examination time is around 24–36 months.

International routes

• Guatemala has been a PCT member state since 2006;

• PCT international applications may enter the national examination phase in Guatemala;

• Spanish or English language documents are accepted.

System features

• Examination language is Spanish;

• Applies the “first-to-file” principle;

• Annual fees are payable each year from the filing date;

• Granted patents must be published and recorded in the official register;

• Includes specific provisions for pharmaceutical and biotechnology patents under the CAFTA-DR framework.

Industrial design protection

Legal basis

• Industrial Property Law (Decree No. 57-2000, Chapter IV).

Scope of protection

• The external appearance of a product, including lines, shape, ornamentation, patterns and colours;

• Applicable to both industrial and handicraft products.

Term of protection

• Protection lasts for 10 years from the filing date and cannot be renewed.

Examination procedure

• Typical examination period: around 6–9 months;

• Examination language is Spanish;

• Only formal examination is conducted; creativity is not assessed.

System features

• A single registration is valid throughout the country;

• Multiple-design applications are allowed;

• Guatemala has not yet acceded to the Hague Agreement;

• Official database: RPI Industrial Design Registry.