Firm NewsNewsletters and BulletinsSpeaking EngagementsDomain Names E-CommercePatentsLitigationIP Rights MaintenanceIP as PropertyNews & BulletinsTrademarks
HomeAbout UsContact UsSearchQuick Search:
 

Paraguay - New Trademark Law

We have been advised that on August 6, 1998 a new Trademark Law was promulgated in Paraguay. Our sources indicate that the following important changes are introduced under the new law which is expected to enter into force this year:

1. the definition of what constitutes a trademark has been expanded to include trade dress, although registration of single colors is not allowed;

2. trademarks that consist of a reproduction, imitation, translation or transliteration of a well-known mark may not be registered, nor may applications be registered for marks that the applicant knew or should have known belonged to another party;

3. although trademark applications will continue to be examined for registrability, this examination will take place following the expiration of the opposition period;

4. the concept of international exhaustion of trademark rights is introduced;

5. a registered mark that has not been used, absent justification, for any period of 5 years may be cancelled for non-use; the regulatory decree under the new law clarifies that use in any country shall constitute valid use to prevent cancellation and that, presumably, since there previously was no user requirement, the user requirement shall not apply retroactively, namely, before the effective date of the new law;

6. cancellation actions against trademark registrations, except on grounds of bad faith, must be commenced within 5 years of the date of grant;

7. penalties for infringement have been increased; and

8. provisions have been introduced for recording trademark rights with Customs and for enabling Customs officials to seize infringing goods at the request of a legitimate party.

We shall advise our clients when we are informed of the effective date of the new law.


[Home] [About Ladas & Parry LLP] [Contact Us] [Search]
[Trademarks] [Domain Names & E-Commerce] [Patents & Copyrights]
[Litigation] [IP Rights Maintenance] [IP as Property] [News & Bulletins]

© Copyright 1999 Ladas & Parry - Posted 3/28/1999
Please read our disclaimer.