Trademark oppositions in Guatemala are governed under Article 27 of the Decree No. 57-2000, Industrial Property Law enacted in 2000. The concerned authority is Registry of Intellectual Property of Guatemala (RPI).
- Filing Notice of Opposition – Any interested party may file an opposition against a published mark within a period of 2 months from the date of its publication. The opposition must contain the grounds of opposition and offer evidence in support of its claims.
- Filing of Counter Statement – The applicant will be provided with a period of 2 months to file their reply. The response must contain the defence and offer evidence in support of application or defence.
- Evidence – If required, a period of two months will be opened for both parties to receive evidence offered by the other party.
- Decision & Order – Within one month following the expiration of last deadline, the Registry will issue an order evaluating the evidence and arguments submitted.
Appeal to Decision of the Opposition
Any party may file a review appeal before the Ministry of Economy within 5 business days.
If a party is still unsatisfied with the decision, they may approach the Supreme Court of Justice for an administrative claim within 2 months after the notification of final decision.
For more information on trademark opposition in Guatemala, please write to us at foreign.opp@ssrana.com