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TRADEMARK REGISTRATION
One application for registration must be filed for each class. Multi -class applications are not allowed. Once approved, the application must be published for three consecutive days in a local newspaper. The term to file an opposition is sixty (60) working days after the last publication. It is not mandatory to use the trademark in order to maintain the rights over it.. It takes eight (8)) months approximately to register a trademark. To renew a trademark it takes six (6) to eight (8) months.
Requirements:
Power of Attorney of the applicant, certified by Notary Public or similar authority. Provisionally a fax-power is acceptable. It has to be confirmed with the formal legalized Power of Attorney within 60 days following the application date. Denomination and description of the trademark (word) and label, if any. Full name and address of the applicant. Goods, products or services the applicant wants to protect, or the corresponding international class(es). For service trademarks, it is mandatory to specify the services to be protected. Ten (10) copies of the logo for each class (if any). The priority of an application can be claimed according to the Paris Convention.
PATENTS
Requirements:
Power of Attorney granted by the applicant, signed before a Public Notary. Consular legalization is not required .A provisional faxed authorization of power is acceptable; the original documents may be submitted within sixty working days from the filing date. Full name and address of the applicant. Full name, nationality and address of inventor. When existing a link between the applicant and the inventor, no assignment document is needed. Date, number and country of the patent’s first application. If priority shall be claimed, application must be filed in Paraguay within one year from the date of the original filing abroad. Nevertheless, the Patent Office accepts a later filing date provided that the patent application is not published yet. Priority in Accordance with the Paris Convention can be claimed. Four (4) copies in Spanish of the Abstract, Specifications and Claims. If this material is in a language other than Spanish, translation can be done by our firm. Four (4) copies of the designs or technical drawings (if any).
INDUSTRIAL MODELS AND DESIGN
Requirements:
Power of Attorney, certified by a Public Notary and legalized by the Paraguayan Consulate. Brief description of the model or industrial design, in four copies, in Spanish, indicating the title. The description can be prepared by our firm upon request. Full name and address of the applicant. Full name, address, citizenship and profession of the inventor. This information is essential, and in the case they are different persons, no assignment document from the inventor to the applicant is required. Class and sub-class applying based on the Locarno Convention, or product involved with the model. Four (4) graphic or photographic representations of the model or design, in colors if these are to be claimed.
TRADEMARK LICENSE
The owner of a trademark may grant a license to a third party or a local subsidiary to use for the whole or part of the products or services protected by the trademark.
The agreement has to be recorded with the Trademark Office so that it has a legal effect against third parties.
Requirements:
The application must be accompanied by three (3) copies of the license agreement, written in Spanish, or translated if it is in another language. The agreement has to be signed by both licensor and licensee. One of the signed copies must be legalized by the Paraguayan Consulate if one of the parties resides abroad. It is advisable to state a nominal amount in relation to royalties. The application for registration of the license agreement has to be published during two (2) consecutive days in a local newspaper. The agreement must establish the owner's quality control of the trademark in relation to the products or services that are licensed. Our Firm can provide License Agreement forms upon request.
ASSIGNMENTS
Requirements:
The assignment document has to be registered at the Trademark Office in order to be effective against third parties. The assignment application has to be published during two (2) consecutive days in a local newspaper. The assignment application has to be accompanied by a copy of the document of assignment, written in Spanish, or translated into Spanish, and has to be signed by the assignor and the assignee and legalized by the Paraguayan Consulate.
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