The system for trademark protection in Guatemala includes:

• Registration

Guatemala belongs to the following international treaties:

• Paris Convention
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Nairobi Treaty on the Protection of the Olympic Symbol
• Trademark Law Treaty ("TLT")

The benefits of registering a trademark in Guatemala include:

• It is the only form of protection available for trademarks
• It entitles the proprietor to bring an infringement action
• Other: Trade names or commercial names, as an exception, do receive protection by way of use in commerce. 

Service marks

Yes

Defensive marks

No

Collective marks

Yes

Certification marks

Yes

Well-known marks

No

Series marks

No

Marks in a different language or characters other than Roman characters

Yes, for marks in different languages, only a simple translation of the mark is required. No marks other than the Latin alphabetic writing system are permitted (e.g. Chinese characters), only as a device type only.

Non-traditional marks: Sound marks

Yes, a writ with the description of the sound and its characteristics must be attached to the application form.

Non-traditional marks: Smell marks

Yes, in the case of smell marks, support material that may include a copy of the chemical formula or procedure must be attached to the application form.

Non-traditional marks: Position marks

No

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, a combination of colors is possible; only one color is prohibited.

Non-traditional marks: Shape or three-dimensional marks

Yes, a representation of the mark must be accompanied, a printed copy of the device in different angles is usually allowed.

Documents and information required to file a trademark application in Guatemala include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Power of Attorney
• Other: Priority document and Spanish translation thereof. For documents to be executed they must be apostilled and translated into Spanish. 

No, multi-class applications are not permitted in Guatemala.

Yes, there is substantive examination of trademarks in Guatemala on the following grounds:

• Substantive grounds
• Relative grounds

Absolute grounds for refusal of a trademark in Guatemala include:

• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Mark consists of a geographical name
• Mark consists of a surname
• Mark consists of letters of the alphabet
• Mark consists of numerals
• Other: Mark consists of a shield, flag, symbol, emblem, acronym, denomination or abbreviation of denomination of any State or international organization; an official sign of control or guarantee adopted by a State or a public entity; coins or bills of legal tender in the territory of any country, securities or other commercial documents, stamps or fiscal species in general; medals, awards, diplomas or other elements that suggest obtaining awards with respect to the corresponding product or service; denomination of a plant variety, protected in the country or in a foreign country, and related to products that the variety thereof; that it is or has been a certification mark, whose registration was annulled, or that has ceased to be used due to dissolution or disappearance of its owner; Exceptions apply.

Relative grounds for refusal of a trademark in Guatemala include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.
• Other: If the sign affects the right of the personality of a third party, especially in the case of the name, signature, title, hypocoristic, pseudonym, image or portrait of a person other than the one requesting registration, unless the authorization of that person is accredited or, if they are deceased, that of those who have been legally declared his heirs; If the sign affects the name, image or prestige of a local, regional or national community, unless the authorization is accredited express of the competent authority of that community; If the sign constitutes a total or partial reproduction or imitation of a protected certification mark; If the sign is identical, similar or constitutes a translation of a geographical indication or protected designation of origin in the country and may cause confusion or a risk of association; If the sign infringes a copyright or industrial property right of a third-party; If the sign could serve to perpetuate or consolidate an act of unfair competition.

The time period from application to registration in Guatemala is between 6-12 months. 

Yes, late renewal of a trademark registration is permissible in Guatemala. There is a grace period of six months after the renewal due date. There are no requirements other than the payment of late fees. 

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Guatemala.

No, trademark licensees are not required to record themselves with the Registrar in Guatemala, however, it is recommended for enforcement purposes by the Licensee, provided that it is exclusive. 

Available enforcement methods in Guatemala include:

• Civil enforcement
  • Infringement action
  • Passing off
• Criminal enforcement
• Border or other administrative enforcement measures

Guatemalan law includes the recovery ownership claim (from the civil action reivindicatio of property) by virtue of which the legitimate owner of a trademark way seek the cancellation or have the court assigned the trademark to him, provided that it shows such legitimacy and that the applicant does not have any right over the claimed trademark.