Newsletters and Bulletins / February 2002 / Georgia |
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Guatemala - New Trademark Law Guatemala has entered into an agreement with other Central American countries renouncing the Central American Trademark Convention, as a result of which the Guatemalan Congress has enacted a national Industrial Property Law. Our sources indicate that the principal changes effected by the new Law include the following:
(1) the owner of a registered trademark may institute court proceedings for infringement against the unauthorized use of its mark within the earlier of 2 years from the date of knowledge of the infringing act, or within 5 years of the last infringing act, except in cases of bad faith; (2) the Central American Convention does not provide for a user requirement and the 2 years and 1 day user requirement under the 1929 Inter-American Convention governed. However, under the new national Law the period of non-use that renders a registration vulnerable to cancellation has been increased to 5 years following registration; (3) belated renewal of a registration is available within 6 months of expiration, upon payment of a surcharge; (4) collective marks and certification marks may be registered; (5) slogans may be registered for renewable periods of 10 years under the new law. Under the Central American Agreement slogans were registered indefinitely. Under the new trademark law, slogan registrations obtained under the Central American Agreement will need to be renewed within 10 years from November 1, 2000; (6) trade names may be registered for an indefinite period. Trade names may also be protected without registration; (7) pending applications will be governed by the law in effect when they were filed. Registrations obtained under the previous law will be governed by that law for the remainder of their term. Renewal of these registrations will be governed by the new law. |
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