General trademark information of Paraguay

Registration is required to establish rights in a trademark; this is a "first to file" jurisdiction.

As per the terms of the Paraguayan Trademark System, Paraguay has an "attributive" system—namely, rights over a certain name, device, etc. are acquired by registration. Generally, the first use of a trademark in the market is not valid in order to enforce any legal rights. In this sense, Article 15 of the Paraguayan Trademark Law establishes that: "Registration of marks pursuant to this Law shall give their owners the right to the exclusive use of the mark and the right to take the necessary action and measures before the competent judicial authorities against any person who infringes their rights ...."

• Use of an unregistered mark for any goods or services is legal.

The use of an unregistered mark is not illegal per se, unless such use infringes third parties' rights—for example, where the unregistered mark is identical or extremely similar to a registered trademark and the products/services are the same or very much related. It is also worth noting that some products can only be commercialized if the corresponding trademark is registered—for example, in the case of pharmaceutical products that require a sanitary registration, which is only issued by the corresponding health authorities provided that the trademark is duly registered before the Office of Intellectual Property in Paraguay.

• No legislation regarding plain packaging has been enacted in this jurisdiction, and it is not under active consideration.

• The approximate time from application to registration (for a regular prosecution, without opposition) is:

• The benefits of registering a trademark include the following:
  • it is the sole means of obtaining rights in or title to the trademark;
  • it provides prima facie evidence of ownership and validity;
  • it provides regional, national, and/or local protection

• it allows use of "Registered Trademark" or other suitable terms or abbreviations to demonstrate ownership of the trademark

• it allows the registrant access to bring actions in particular courts;
• it helps to deter others from unlawfully using the trademark;
• it provides a defense to infringement;
• enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark

• it confers the ability to recover maximum monetary damages for infringement;
• it encourages licensees and provides the opportunity to generate royalties through licensing.

• The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:
  • words;
  • names;
  • devices;
  • certain three-dimensional shapes;
  • colors;
  • slogans;
  • sounds;
  • smells (olfactory trademarks);
  • trade dress/get-up;
  • holograms;
  • motion;
  • taste;
  • touch.
  •  The definition of trademarks given by the Paraguayan Law is very broad, given that Article 1st of the Trademark Law sets forth that "marks are any signs used to distinguish products and services" and that the same may consist of words, mottoes, emblems, monograms, seals, vignettes, reliefs, names, fanciful word forms, letters and numbers in distinctive shapes or combinations, and arrangements of colors, labels, containers, and wrapping. They may also consist of the shape, presentation, or packaging of products or their containers or wrapping or the mode or place in which the corresponding products or services are provided. It clearly states that the list is merely indicative. However, it is worth noting that the officers and directors at the Trademark Office in Paraguay are generally reluctant to the granting of trademarks that are not words or figurative elements; therefore, it is very hard to attain rights over a three-dimensional mark, for example, and in most cases, such applications are rejected.

• The special requirements for the registration of three-dimensional shapes are:

1. For filing purposes, the application must be accompanied by the submission of a representation of the three-dimensional shape and a description of the same (where applicable).
2. Also, the applied-for three-dimensional shape shall not constitute the usual shape of a product or its container, the shape required for the product or service to which they refer, or which give the product or service a functional or technical advantage.

• The special requirements for the registration of colors are:

• The special requirements for the registration of sounds are:

• The special requirements for the registration of smells are:

• The special requirements for the registration of trade dress are:

• The special requirements for the registration of holograms are:

• The special requirements for the registration of motion are:

• The special requirements for the registration of taste are:

• The special requirements for the registration of touch are:

• Marks registered in black and white or grayscale are construed broadly to protect the mark both as registered and in other color combinations.

• In addition to regular trademark registrations, the following types of trademarks are registrable:
  • collective marks;
  • certification marks;
  • well-known marks;
  • service marks.

• Retail services are registrable provided that the nature of the retail services is clearly identified.

• The following are not registrable as trademarks:
  • marks contrary to moral standards or public order;
  • generic terms;
  • names, flags, or symbols of states, nations, regions, or international organizations;
  • non-distinctive trademarks, absent a showing of acquired distinctiveness (secondary meaning);
  • marks that function principally as geographic location names (but not geographical indications or appellations of origin).
  •  As per the terms of the Paraguayan Law, aside from the signs mentioned above, the following cannot be registered as trademarks: (a) armorial bearings, distinguishing marks, emblems, names, whose use is reserved to the State, other legal persons under public law or international organizations, unless they themselves apply for the mark; (b) the usual shape of a product or its container, the shape required for the product or service to which they refer or which give the product or service a functional or technical advantage; (c) a single color; (d) signs identical or similar to a registered mark or a mark already applied for by a third party for the same products or services, or for other products or services if they might cause confusion or be associated with this mark; (e) signs which constitute a reproduction, imitation, translation, transliteration, or transcription in full or in part of an identical or similar distinctive sign, well known to the public in the corresponding sector and belonging to a third party, irrespective of the products or services to which the sign is applied, if its use and registration are liable to cause confusion or a risk of association with this third party or mean taking advantage of the reputation of the sign or weakening its distinctive character, irrespective of the manner or way in which the sign was made known; (f) signs which infringe the copyright or industrial property right of a third party, among others.

• Geographical indications (GIs) are protected in this jurisdiction.

• GIs are protected by way of:
  • special laws for the protection of geographical indications or appellations of origin

• laws against unfair competition

•  The Trademark Law in Paraguay also makes specific mention of Geographical Indications and designations of origin and protects the same.

• The following products or categories are subject to GI protection in this jurisdiction:

• While conducting a private pre-filing search is not mandatory, it is recommended in that it can:
  • save the applicant the time, effort, and cost entailed in developing, adopting, and applying to register a trademark in which someone else has prior rights;
  • disclose additional potentially conflicting trademarks, e.g., prior unregistered rights such as those gained at common law.

• The national office is accessible online at the following URL:

• The official register can be searched online at the following URL:

• An applicant does not benefit from pre-filing use of a trademark.

• When a mark is not registered, use of that mark may provide the following benefits:
  • Courts may protect unregistered trademarks in some exceptional cases.
  • Special protection against infringement may be available for a famous and/or well-known mark that is not registered.
  • Protection against infringement may be available for trademarks with substantial and long-standing use that are not registered.

• Famous and/or well-known marks are protected via the following mechanism(s):
  •  The Paraguayan Trademark Law recognizes and protects famous and/or well-known marks specifically, together with the Treaties and Conventions subscribed by the country. To that effect, owners of famous and/or well-known marks may bring oppositions against applications for registration of their marks by third parties and file actions of nullity against marks registered by third parties.

• This jurisdiction is a member of the following international treaties relating to intellectual property:
  • Paris Convention;
  • Nice Agreement.

• If the applicant is not domiciled in this jurisdiction, a local address for service must be provided.

• Joint applicants are permitted in this jurisdiction.

• Neither actual use nor intent to use is required for application.

• The following information is required to COMPLETE an application:
  • name and address of applicant;
  • state or country of incorporation;
  • description of trademark;
  • representation of trademark (a depiction of the mark an applicant seeks to register);
  • list of goods/services;
  • power of attorney;
  • official filing fee;
  • priority claim, where priority of an earlier application is claimed.

• While ALL of the items noted in the list immediately above are required to COMPLETE an application, ONLY THE FOLLOWING ITEMS from that list are required in order to SECURE A FILING DATE:
  • name and address of applicant;
  • state or country of incorporation;
  • description of trademark;
  • representation of trademark (a depiction of the mark an applicant seeks to register);
  • list of goods/services;
  • official filing fee;
  • priority claim, where priority of an earlier application is claimed.

• The list of goods and services in this jurisdiction may specify:
  •  Where the mark refers to products, class headings and/or the protection of all goods in the class(es) is acceptable; on the contrary, for service marks, the Paraguayan Trademark Law stipulates that it is mandatory to specify the services to be provided under the mark in the specific class(es).

• The following number of copies of the trademark must be submitted:
• If submitted online, only one.
• If submitted in person, three copies (forms).

• In this jurisdiction, the following types of registration are available:
  • national.

• This jurisdiction is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.

• This country is not a member of the European Union; a European Union Trade Mark registration (formerly a Community Trade Mark registration) is not effective in this jurisdiction.

• No (other) multinational regional registrations are available in this jurisdiction.

• Applications can be filed online at the following URL:

• The official file cannot be accessed online.

• Applications are officially searched as to prior trademarks.

• If an applicant's home country is a signatory to the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction, provided that its home application was filed within the fixed period of six months preceding the application in this jurisdiction.

• This jurisdiction uses the Nice Classification System

• If a trademark is or will be used in more than one class of goods and/or services, it is necessary to file a separate application for each class of goods and/or services.

• An application to register a trademark may be filed directly in this jurisdiction by:
  • a trademark representative/attorney/agent, but only if a citizen of or domiciled in the jurisdiction.

• The filing particulars of an application are made available to the public.

• The filing particulars are made available to the public:
  • through publication and online.

• The following application details are made available to the public:
  • mark;
  • name of applicant;
  • address of applicant;
  • state or country of incorporation of applicant;
  • application number;
  • application date;
  • goods/services;
  • priority claim information.

• Applications are examined in respect of:
  • formalities: i.e., for compliance with the filing requirements;
  • classification: i.e., to ensure that the goods or services fall within the class(es) listed in the application;
  • clarity: i.e., that descriptions are clear and understandable;
  • descriptiveness: i.e., to check whether a trademark functions solely to provide information about the goods and services affiliated with the trademark;
  • distinctiveness: i.e., to ensure that trademarks are capable of being represented graphically and of distinguishing the goods or services of one individual or organization from those of other individuals or organizations;
  • deceptiveness: i.e., to check whether a trademark is of such a nature as to deceive the public (for instance, as to the nature, quality, or geographic origin of the goods or services);
  • conflict with prior registration, prior-filed application, or earlier unregistered rights resulting from an official search;
  •  whether the mark could be within any of the prohibitions for registration under the Paraguayan Trademark Law (for example, the same could infringe a copyright, constitute a geographical indication, etc.).

• If the local trademark authority issues a preliminary refusal to register a mark based on an earlier registration owned by another:
  • The existence of a valid coexistence agreement between the applicant and the cited registrant may be accepted as evidence permitting registration of the application; its acceptance is at the discretion of the trademark authority.

• This jurisdiction has disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive).

• The order of the application process is as follows:
  •  Formal Examination, Publication Period for third parties to lodge oppositions, Background Examination, Registration.

• Accelerated examination may not be requested.

• The following rights are established by a pending application:
  • the filing date of the application establishes a home filing date for purposes of priority;
  • the pending application can be cited in official examination against a subsequent (later-filed) conflicting application;
  • the pending application can be used in a third-party opposition proceeding against a subsequent (later-filed) conflicting application.

• Opposition is available.

• Opposition is conducted pre-grant.

• The following can be grounds for opposition:
  • proprietary rights, such as an earlier conflicting registration;
  • the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services or other characteristics of goods or services;
  • the mark is not distinctive;
  • the mark is misleading, deceptive, or disparaging;
  • the mark is functional;
  • rights under Article 6bis of the Paris Convention (notorious or well-known mark);
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);
  • rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);
  • rights under Article 8 of the Paris Convention (trade names);
  • registered design rights;
  • rights in a personal name;
  • the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;
  • the mark consists of a geographical indication;
  • the mark is against public policy or principles of morality.

• An application is published for opposition purposes after formal examination of the application.

• The opposition period begins on the following date:

• The opposition period ends on the following date:

• Anyone may initiate an opposition.

• Oppositions cannot be filed online.

• Proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance/acceptance.

• An application can be assigned.

• A registration can be assigned.

• An assignment of an application must be for the entire territory covered by the application.

• An assignment of a registration must be for the entire territory covered by the registration.

• An assignment of an application can be for some or all of the goods or services listed in the application.

• An assignment of a registration can be for some or all of the goods or services listed in the registration.

• Goodwill need not be included in an assignment of an application.

• Goodwill need not be included in an assignment of a registration.

• An assignment document for an application requires:
  • name of assignor;
  • address of assignor;
  • citizenship of assignor;
  • name of assignee;
  • address of assignee;
  • citizenship of assignee;
  • details of the trademark being assigned;
  • goods and services being assigned;
  • territory being assigned;
  • effective date of the assignment;
  • signature by assignor;
  • signature by assignee;
  • consideration (either actual or nominal).

• An assignment document for a registration requires:
  • name of assignor;
  • address of assignor;
  • citizenship of assignor;
  • name of assignee;
  • address of assignee;
  • citizenship of assignee;
  • details of the trademark being assigned;
  • goods and services being assigned;
  • territory being assigned;
  • effective date of the assignment;
  • signature by assignor;
  • signature by assignee;
  • consideration (either actual or nominal).

• Legal verification of a written assignment document of an application is required by:
  • notarization;
  • legalization.

• Legal verification of a written assignment document of a registration is required by:
  • notarization;
  • legalization.

• An assignment of an application must be recorded to be effective.

• An assignment of a registration must be recorded to be effective.

• Use of a mark that is the subject of an application cannot be licensed.

• Use of a registered mark can be licensed.

• In this jurisdiction, registered trademark users (as opposed to licensees) cannot be recorded.

• A license of a registration can be made for a portion of the territory covered by the registration.

• A license of a registration can be for some or all of the goods or services listed in the registration.

• A license of a registration can be non-exclusive (multiple licensees and the owner).

• Use by a related company of a registered mark must be licensed.

• A license of a registration must be made with a time limitation (i.e., it cannot be perpetual).

• A license document for a registration requires:
  • name of licensor;
  • address of licensor;
  • citizenship of licensor;
  • name of licensee;
  • address of licensee;
  • citizenship of licensee;
  • details of the trademark to be licensed;
  • goods and services being licensed;
  • commencement date of the license;
  • term of the license;
  • territory of the license;
  • quality control provisions.

• Recordation of a license of a registration need not be recorded, but if it is not recorded the license may not be effective against a subsequently dated but recorded license.

• The license for a renewed registration must be re-recorded.

• Legal verification of a written agreement to license a registration is required by:
  • notarization;
  • legalization.

• The requirements for the recordal of name changes, mergers, and other important corporate updates on trademark records are as follows:
  • power of attorney, without further formalities

• deed of assignment, legalized by the respective consulate/apostille;
• certificate of proof of change of name, legalized by the respective consulate/apostille;
• certificate of merger, legalized by the respective consulate/apostille.

• The requirements regarding the recordal of updated addresses on trademark records are as follows:

• The requirements for recording liens against trademark records, such as security interests, are as follows:

• A fee is not required for issuance of the registration.

• The following documentation is required for issuance of the registration:
  • none.

• The following rights are established by registration:
  • the exclusive right to use the registered trademark;
  • the right to oppose subsequent conflicting applications;
  • the right to bring a cancellation action against a subsequent conflicting registration;
  • the right to sue for infringement against confusingly similar third-party trademark use;
  • the right to license third parties to use the trademark;
  • the right to apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction;
  • the right to obtain damages for infringement;
  • the right to sue for infringement if a transliterated version of the owner's mark is later used by a third party;
  • the right to oppose and/or cancel subsequent applications for transliterated versions of the registered trademark by third parties.

• The Roman alphabet is used to represent the official language(s) of this jurisdiction.

• A trademark becomes incontestable, that is, the validity of the registration cannot be challenged, after the following time period:
  •  The registration of a trademark can only be challenged, once registration has been granted, by means of either:
    • A cancellation action due to non-use, if the mark has not been effectively used within the term of five years from the date of its registration or if use has been interrupted for more than five years;
    • A nullity action. The term for filing is within five years from the date of registration. However, such limitation period (or statute of limitations) is not applicable if the action is based on the owner's bad faith or registration constitutes a void an null act.

• The territorial limit of registration is:

• The initial term of a registration is:
  • 10 years.

• The beginning of the term of a registration is calculated from:
  • the registration date.

• Marking is not compulsory for registered trademarks, but is advisable because:

• Any marking should be in the form(s) mentioned below. Please consult a local trademark attorney in case of doubt.
  • TM;
  • SM;
  • ®.

• The use of ® is not legally recognized.

• The legal consequences of false or misleading marking are:

• Attack on the ground of non-use is available.

• To avoid being attacked on the ground of non-use, a trademark must be used within the following period of time:

• To satisfy the use requirement, the amount of use:
  •  In regards to use, the Paraguayan Trademark Law sets forth the following: "Registered marks shall be deemed to be used when the products or services which they distinguish have been put on sale or are available on the market under the corresponding name, in the quantity and form which correspond to the nature of the products or services, the modes of sale, and taking into account the size of the market."

• Use of the trademark must occur in:
  •  within the Paraguayan territory or the MERCOSUR Area at least.

• The consequences of a trademark's not being used are as follows:

• Periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are not required.

• An action for non-use of a trademark can be brought by:
  • any interested third party.

• Non-use can be excused under the following circumstances:
  • import restrictions;
  • other government policies.
  •  In general, cancellation shall not apply where absence of use is due to substantiated reasons of force majeure.

• Resumption of use after non-use for the prescribed period (see above) may cure non-use provided that, in the interim, no third party has:
  • filed an application to register an identical or similar trademark;
  • registered an identical or similar trademark;
  • used an identical or similar trademark.

• Use of a registered trademark in a modified form would not affect the enforceability of a registration and is allowed if the difference is slight and provided that the modification does not materially alter the distinctive character of the trademark. Consult a local trademark attorney.

• Amendment of a registration to conform to a modified form of the trademark is not possible. Depending on the circumstances, a new application to register the modified trademark might be necessary. Consult a local trademark attorney.

• Cancellation is available.

• The following can be grounds for cancellation:
  • proprietary rights, such as an earlier conflicting registration;
  • the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services, or other characteristics of goods or services;
  • the mark is not distinctive;
  • the mark is misleading, deceptive, or disparaging;
  • the mark is functional;
  • breach of copyright;
  • rights under Article 6bis of the Paris Convention (notorious or well-known mark);
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);
  • rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);
  • rights under Article 8 of the Paris Convention (trade names);
  • registered design rights;
  • rights in a personal name;
  • the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;
  • the mark consists of a geographical indication;
  • the mark is against public policy or principles of morality.

• There is a deadline for bringing a cancellation action.

• The deadline for bringing a cancellation action is:

• The following parties may bring a cancellation action:
  • any interested party;
  • the owner of an earlier right.

• Cancellation actions cannot be filed online.

• The following documentation is required for renewal:
  • power of attorney.

• The first renewal date of a registration is:
  • 10 years from the registration grant date.

• Subsequent renewals last for the following period of time:
  • 10 years from the renewal date of the registration.

• The renewal pre-payment period is:
  • no more than the following number of months before the renewal date:

• There is a grace period for renewing registrations once the renewal date has expired.

• The grace period after the renewal date has expired is:
  • 6 months.

• The penalty for late renewal is:
  • a fine

• Renewal can be effected online at the following URL:

• At the completion of renewal, a new registration number is issued.

If you would like to know the trademark registration process of Paraguay ? Click on here!

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