Which language can I use to register an Intellectual Property Right in Argentina?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their sworn translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Argentina?
Depending on the IPR concerned, the competent authority may vary: The office in charge of patents, utility models, trade marks, designs and appellations of origin is the National Institute of Industrial Property (INPI).
Regarding copyright, and depending on the nature of the work, the competent offices are:
- Copyrighted works, in general: National Copyright Office (DNDA).
- Books: Argentina Book Chamber (CAL).
- Software: Chamber of Software and IT Service Companies (CESSI).
- Musical works: Argentine Society of Music Authors and Composers (SADAIC).
Finally, the competent authority for plant varieties is the Instituto Nacional de Semillas (INASE).
Do I need a representative for the management of my IPRs in Argentina?
IPR applicants in Argentina do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have a residence in Argentina, they must be represented by a local agent. In practice, this means that EU SMEs that do not have an address yet will have to go through a representative when dealing with the INPI, the Argentinian IP office.
Note that the same rule applies in Europe: people or businesses that have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As a member of the Berne Convention, Argentina does not require a formal registration to provide protection to copyright works. The work will be automatically protected from the moment of creation. However, registration may be very useful in enforcement actions as a proof of ownership and of the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Argentine law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Argentina first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention and the TRIPS Agreement, Argentina provides a certain degree of protection to unregistered well-known marks. In addition, Argentinian national law provides certain rights to the owner of an unregistered but used trade mark, as for instance the right to oppose. Be aware that, in contrast with Europe, unregistered designs are not protected in Argentina.
If you want to know more about how to protect your creations and get tailored advice for your specific case, contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Argentina?
The National Institute of Industrial Property (INPI) provides free access to its trade mark database, where you can find out if the trade mark you are planning to register has already been registered.
In addition, since 2017, you can also use TMview, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including Argentina.
Another valuable tool is TMclass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in Argentina?
Contrary to Europe, the Argentine trade mark system is a single-class application system. Therefore, a separate trade mark application must be filed for each class of products or services, according to the Nice classification.
Example: if you intend to register your brand for alcoholic and non-alcoholic beverages (classes 32 and 33, respectively) and t-shirts (class 25), you will need to file 3 different applications.
To check whether the products or services are classified within the same class, please refer to INPI’s website. In addition, you may use TMclass, a free online platform set up by EUIPO that allows users to search and classify goods and services in your trade mark application, or WIPO´s classification web-tool.
Is Argentina part of the Madrid System, the International Trade mark Registration System?
Argentina is not a member of the Madrid System. Therefore, if you want to protect your trade mark in the country, you must apply for a national trade mark with the INPI.
Can non-traditional trade marks be registered in Argentina?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Argentina: 3D/shape, colour position/combination, smell, sound, and tactile marks.
How long does patent protection last in Argentina?
Patent protection lasts for 20 years, calculated from the filing date of the application. This legal protection cannot be extended and/ or renewed.
How long does utility model protection last in Argentina?
The legal protection of utility model is of 10 years, calculated from the filing date of the application. Further extension is not possible.
Is Argentina part of the PCT, the International Patent Registration System?
Argentina is not a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, if you want to file a patent application, you must apply for a national patent directly with INPI.
How long does it take to get a patent granted in Argentina?
5 years but can last up to 10 years for pharmaceutical or biotechnological innovations.
Is Argentina part of the Hague System, the International Design Filing System?
Argentina is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with INPI.
Are unregistered designs protected in Argentina?
In Argentina, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Argentina in order to protect my work?
In Argentina, as in Europe, it is not required to include a copyright sign to protect your work.
However, whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’ along with the copyright sign ‘©’, followed by the name of the author and the year of the first publication. This will allow third parties to know that your work is protected and that it should not be copied without authorisation.
Which language can I use to register an Intellectual Property Right in Bolivia?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their sworn translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Bolivia?
The office in charge of registration of intellectual property rights in Bolivia is SENAPI, the website of which can be found at https://www.senapi.gob.bo/.
With regards to plant varieties, the competent authority is the Instituto Nacional de Innovación Agropecuaria y Forestal (INIAF)
Do I need a representative for the management of my IPRs in Bolivia?
IPR applicants in Bolivia do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have a residence in Bolivia, they must be represented by a local agent. In practice, this means that EU SMEs that do not already have an address will have to go through a representative when dealing with the SENAPI, the Bolivian IP office.
Note that the same rule applies in Europe: people or businesses that have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As a member of the Berne Convention, Bolivia does not require a formal registration to provide protection to copyright works. The work will be automatically protected from the moment of creation. However, registration may be very useful in enforcement actions, such as proof of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Bolivian law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Bolivia first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with its international obligations under the Paris Convention, the TRIPS Agreement and the Andean Community Decision 486/2000, Bolivia provides a certain degree of protection to unregistered well-known marks. Be aware that, in contrast with Europe, unregistered designs are not protected in Bolivia.
How can I assess if a trade mark is available in Bolivia?
Unfortunately, Bolivia does not provide free access to its trade mark database. Hence, if you want to assess if the trade mark you want to register is already registered (preliminary search) you will have to request so to the SENAPI.
The cost is € 20 for foreigners and € 10 for Bolivian citizens/ companies.
Is it possible to register a trade mark for different classes of products or services in Bolivia?
Contrary to Europe, the Bolivian trade mark system is a single-class application system. Therefore, a separate trade mark application must be filed for each class of products or services, according to the Nice classification.
Example: if you intend to register your brand for alcoholic and non-alcoholic beverages (classes 32 and 33, respectively) and t-shirts (class 25), you will need to file 3 different applications.
To check whether the products or services are within the same class, please refer to INPI’s website. In addition, you may use WIPO´s classification web-tool, a free online platform that allows users to search and classify goods and services in your trade mark application.
Is Bolivia part of the Madrid System, the International Trade mark Registration System?
Bolivia is not a member of the Madrid System. Therefore, if you want to protect your trade mark in the country, you must apply for a national trade mark with the SENAPI.
Can non-traditional trade marks be registered in Bolivia?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Bolivia: 3D/shape, colour position/combination, smell, sound and tactile marks.
How long does patent protection last in Bolivia?
Patent protection lasts for 20 years, calculated from the filing date of the application. This legal protection cannot be extended and/ or renewed.
How long does utility model protection last in Bolivia?
The legal protection of utility models is of 10 years, calculated from the filing date of the application. Further extension is not possible.
Is Bolivia part of the PCT, the International Patent Registration System?
Bolivia is not a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, if you want to file a patent application, you must apply for a national patent directly with SENAPI.
How long does it take to get a patent granted in Bolivia?
3-5 years
Is Bolivia part of the Hague System, the International Design Filing System?
Bolivia is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with SENAPI.
Are unregistered designs protected in Bolivia?
In Bolivia, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Bolivia in order to protect my work?
In Bolivia, as in Europe, it is not required to include a copyright sign to protect your work.
However, whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’ along with the copyright sign ‘©’, followed by the name of the author and the year of the first publication. This will allow third parties to know that your work is protected and that it should not be copied without authorisation.
Which language can I use to register an Intellectual Property Right in Brazil?
The application form and other relevant required documents must be submitted in Portuguese.
Duly certified copies along with their sworn translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Brazil?
Depending on the IPR concerned, the competent authority may vary:
The office in charge of patents, utility models, trade marks, designs, software and appellations of origin is the National Institute of Industrial Property (INPI).
Regarding copyright (excluding software), the competent office is the Brazilian National Library.
Finally, the competent authority for plant varieties is the National Plant Varieties Protection Service (SNPC).
Do I need a representative for the management of my IPRs in Brazil?
IPR applicants in Brazil do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have a residence in Brazil, they must be represented by a local agent. In practice, this means that EU SMEs that do not have an address yet will have to go through a representative when dealing with the INPI, the Brazilian IP office.
Note that the same rule applies in Europe: people or businesses that have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As a member of the Berne Convention, Brazil does not require formal registration to provide protection to copyright works. The work will be automatically protected from the moment of creation. However, registration may be very useful in enforcement actions, such as proof of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Brazilian law adopts the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Brazil first. Therefore, to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention and the TRIPS Agreement, Brazil provides a certain degree of protection to unregistered well-known marks. In addition, the Brazilian national law provides a ‘preferential right’ for obtaining registration to the person who has been using a trade mark to distinguish an identical or similar product or service in good faith for at least 6 months before the application inside national territory. Be aware that, in contrast with Europe, unregistered designs are not protected in Brazil.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Brazil?
The National Institute of Industrial Property (INPI) provides free access to its trade mark database, where you can find out if the trade mark you are planning to register is already registered.
In addition, you may also use TMview, an online free platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including Brazil.
Another valuable tool is TMclass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in Brazil?
It is now possible to file multi-class trade mark applications, i.e. the same mark for different products and/or services.
Currently, INPI uses the 11th version of WIPO’s international classification of goods and services for the purposes of the registration of trade marks under the Nice Agreement (also known as the ‘Nice Classification’) to classify products and services. Apart from the products and services specifically itemised in the Nice Classification, you may draft your own specification for an application, as long as the market segment is included in the class. When in doubt, you may request assistance to classify products and/or services from a special Classification Committee at INPI (fees will apply).
Is Brazil part of the Madrid System, the International Trade mark Registration System?
Brazil ratified its accession to WIPO’s Madrid Protocol for the international registration of trade marks.
Therefore, it is now possible to register a trade mark in Brazil through the Madrid system, which allows the registration of a trade mark in several countries through a single application.
Can non-traditional trade marks be registered in Brazil?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Brazil: 3D/shape marks.
How long does patent protection last in Brazil?
Patent protection lasts for 20 years, calculated from the filing date of the application.
How long does utility model protection last in Brazil?
The legal protection of utility models is 15 years, calculated from the filing date of the application.
Is Brazil part of the PCT, the International Patent Registration System?
Brazil is a contracting party to the Patent Cooperation Treaty (PCT), which allows for the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Brazil?
4-5 years, this can vary based on the complexity of the patent and the field of technology.
Is Brazil part of the Hague System, the International Design Filing System?
Brazil is a party to the Hague Agreement on the international registration of industrial designs (the Hague System).
Are unregistered designs protected in Brazil?
In Brazil, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Brazil in order to protect my work?
In Brazil, as in Europe, it is not required to include a copyright sign to protect your work.
However, whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’ along with the copyright sign ‘©’, followed by the name of the author and the year of the first publication. This will allow third parties to know that your work is protected and that it should not be copied without authorisation.
Which language can I use to register an Intellectual Property Right in Chile?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their sworn translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Chile?
Depending on the IPR concerned, the competent authority may vary:
The office in charge of patents, utility models, trade marks, designs and appellations of origin is the National Institute of Industrial Property (INAPI).
Regarding copyright, the competent office is the Intellectual Property Department of the Dirección de Bibliotecas, Archivos y Museos (DIBAM), which also includes software.
Lastly, the competent authority for plant varieties is the Agricultural and Livestock Service (SAG)
Do I need a representative for the management of my IPRs in Chile?
IPR applicants in Chile do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have a residence in Chile, they must be represented by a local agent. In practice, this means that EU SMEs that do not have an address yet will have to go through a representative when dealing with the INAPI, the Chilean IP office.
Note that the same rule applies in Europe: people or businesses that have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As a member of the Berne Convention, Chile does not require formal registration to provide protection to copyright works. The work will be automatically protected from the moment of creation. However, registration may be very useful in enforcement actions, such as proof of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Chilean law adopts the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Chile first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations of the Paris Convention and the TRIPS Agreement, Chile provides a certain degree of protection to unregistered well-known marks. In addition, the Chilean law states that the use of an unregistered mark in Chile will allow its owner to benefit from certain actions and defences against another party that wishes to or has already registered the same or a similar mark. Be aware that, in contrast with Europe, unregistered designs are not protected in Chile.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Chile?
The Chilean National Institute of Industrial Property (INAPI) provides free access to its trade mark database, where you can find out if the trade mark you are planning to register has already been registered.
In addition, you can also use TMview, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including Chile.
Another valuable tool is TMclass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in Chile?
In common with Europe, the Chilean trade mark system is a multi-class application system. Therefore, a single trade mark application may include products and/or services of different classes, according to the Nice classification.
To check whether the products or services are classified within the same class, please refer to INAPI’s website. In addition, you may use TMclass, a free online platform set up by EUIPO that allows users to search and classify goods and services in your trade mark application, or WIPO´s classification web-tool.
Is Chile part of the Madrid System, the International Trade mark Registration System?
Chile is a member of the Madrid System (since July 2022). herefore, it is now possible to register a trade mark in Chile through the Madrid system, which allows the registration of a trade mark in several countries through a single application.
Can non-traditional trade marks be registered in Chile?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Chile: 3D/shape, colour position/combination, smell, and sound marks.
How long does patent protection last in Chile?
Patent protection is granted for a 20-year term as of the date of application.
This period may only be extended for drug patents when there has been an unjustified delay in the patenting procedure due to INAPI. Protection will then be extended for the period equating to the unjustified delay.
How long does utility model protection last in Chile?
The legal protection of utility models is of 10 years, calculated from the filing date of the application. Further extension is not possible.
Is Chile part of the PCT, the International Patent Registration System?
Chile is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Chile?
1-2 years
Is Chile part of the Hague System, the International Design Filing System?
Chile is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national one directly with INAPI.
Are unregistered designs protected in Chile?
In Chile, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Chile in order to protect my work?
In Chile and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’ along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Colombia?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies, along with their translation, must be submitted for every document issued in another language. No official translation is required.
Which is the national office in charge of Intellectual Property Rights in Colombia?
Depending on the IPR concerned, the competent authority may vary:
The office in charge of patents, utility models, trade marks, designs and appellations of origin is the Superintendencia de Industria y Comercio (SIC).
Regarding copyright, the competent office is the National Copyright Directorate (Dirección Nacional de Derecho de Autor -DNDA-), which also includes software.
Lastly, the competent authority for plant varieties is the the Colombian Agriculture Institute (ICA).
Do I need a representative for the management of my IPRs in Colombia?
IPR applicants in Colombia do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have an address in Colombia, they must be represented by a local agent. In practice, this means that EU SMEs that do not already have an address will have to go through a representative in their dealings with the INPI, the Colombian IP office.
Note that the same rule applies in Europe: people or businesses which have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Colombia does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Colombian law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Colombia first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention, the TRIPS Agreement and the Andean Community Decision 486/2000, Colombia provides a certain degree of protection to unregistered well-known marks. Be aware that, in contrast with Europe, unregistered designs are not protected in Colombia.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Colombia?
The Superintendency of Industry and Trade (SIC) provides free access to its trade mark database, where you can find out if the trade mark you are planning to register has already been registered.
In addition, you can also use TMview, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including Colombia.
Another valuable tool is TMclass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in Colombia?
Multiple-class trade mark applications and registrations are accepted in Colombia. Therefore, a single trade mark application may include products and/or services of different classes, according to the Nice classification.
To check whether the products or services are classified within the same class, you may use TMclass, a free online platform set up by EUIPO that allows users to search and classify goods and services in your trade mark application, or WIPO´s classification web-tool.
Is Colombia part of the Madrid System, the International Trade mark Registration System?
Colombia is a member of the Madrid System.
Therefore, trade mark applicants can choose whether to file a national application or to designate Colombia under an international registration. The Madrid System allows the registration of a trade mark in several countries through a single application.
Can non-traditional trade marks be registered in Colombia?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Colombia: 3D/shape, colour position/combination, smell, sound and tactile marks.
How long does patent protection last in Colombia?
Patents are granted for a 20-year term as of the date of application.
The term of protection shall under no circumstances be extended. However, it is possible to request a restoration of the patent rights term, in case of an undue delay in prosecution, which is counted as of 5 years after the initial filing date for causes that cannot be attributable to the applicant.
It is important to highlight that this is not applicable for pharmaceutical inventions.
How long does utility model protection last in Colombia?
The legal protection of utility models is of 10 years, calculated from the filing date of the application. Further extension is not possible.
Is Colombia part of the PCT, the International Patent Registration System?
Colombia is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Colombia?
2-3 years
Is Colombia part of the Hague System, the International Design Filing System?
Colombia is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with the Superintendency of Industry and Trade (SIC).
Are unregistered designs protected in Colombia?
In Colombia, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Colombia in order to protect my work?
In Colombia and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Costa Rica?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Costa Rica?
The office in charge of registration of Intellectual Property Rights is the National Registry.
With regards to plant varieties, the competent office is the National Seeds Office (Ofinase).
Do I need a representative for the management of my IPRs in Costa Rica?
IPR applicants in Costa Rica do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have a residence in Costa Rica, they must be represented by a local agent. In practice, this means that EU SMEs that do not have an address yet will have to go through a representative when dealing with the INAPI, the Costa Rican IP office.
Note that the same rule applies in Europe: people or businesses that have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Costa Rica does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, date of creation or the content of the work itself.
Trade mark rights in Costa Rica are acquired through use. This means that a continuous use of a trade mark within the national territory provides you a preferential right to it. Nonetheless, it is advisable to register the trade mark to have proof of ownership, which would be useful in case of infringement, and to fully enjoy the exclusive rights established by the national law. Moreover, even though it is possible -under certain conditions- to oppose a registration for a trade mark based on an unregistered trade mark, it is necessary to file the trade mark application 15 days from the filing of the opposition.
Regarding trade marks, patents, designs and utility models, the Costa Rican law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Costa Rica first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Be aware that, in contrast with Europe, unregistered designs are not protected in Costa Rica.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential
How can I assess if a trade mark is available in Costa Rica?
The National Registry, on its website, offers the possibility to perform a search in its trade mark database in order for registered users to find out if the trade mark you are planning to register has already been registered.
In addition, you can also use TMview, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including Costa Rica.
Another valuable tool is TMclass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in Costa Rica?
Multiple-class trade mark applications and registrations are accepted in Costa Rica. Therefore, a single trade mark application may include products and/or services of different classes, according to the Nice classification.
To check whether the products or services are classified within the same class, you may use TMclass, a free online platform set up by EUIPO that allows users to search and classify goods and services in your trade mark application, or WIPO´s classification web-tool.
Is Costa Rica part of the Madrid System, the International Trade mark Registration System?
Costa Rica is not a member of the Madrid System. Therefore, if you want to protect your trade mark in the country, you must apply for a national trade mark with the National Registry.
Can non-traditional trade marks be registered in Costa Rica?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Costa Rica: 3D/shape, colour position/combination, and sound marks.
How long does patent protection last in Costa Rica?
Patent protection is granted for a 20-year term from the date of application.
The normal protection term can be extended to compensate for a delay in the patent registration process (if the grant takes more than 5 years from the filing date or 3 years from the examination request) or for a delay in the regulatory approval of a pharmaceutical product (more than 3 years from the application).
How long does utility model protection last in Costa Rica?
The legal protection of utility models is of 10 years, calculated from the filing date of the application. Further extension is not possible.
Is Costa Rica part of the PCT, the International Patent Registration System?
Costa Rica is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Costa Rica?
Grant takes around 5 years for patents and a bit less for utility models.
If more than 5 years: the applicant is entitled to compensation from the RPI and an extension of the patent life
Is Costa Rica part of the Hague System, the International Design Filing System?
Costa Rica is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with the National Registry.
Are unregistered designs protected in Costa Rica?
In Costa Rica, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Costa Rica in order to protect my work?
In Costa Rica and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Cuba?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their sworn translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Cuba?
Depending on the IPR concerned, the competent authority may vary:
The office in charge of patents, utility models, trade marks, designs and appellations of origin is the Cuban Office of Industrial Property.
Regarding copyright, the competent office is the National Office of Copyright.
Do I need a representative for the management of my IPRs in Cuba?
IPR applicants in Cuba do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have an address in Cuba, they must be represented by a local agent. In practice, this means that EU SMEs that do not already have an address will have to go through a representative in their dealings with the INPI, the Cuban IP office.
Note that the same rule applies in Europe: people or businesses which have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Cuba does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Cuban law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Cuba first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention and the TRIPS Agreement, Cuba provides a certain degree of protection to unregistered well-known marks. Be aware that, in contrast with Europe, unregistered designs are not protected in Cuba.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Cuba?
Trade mark information can be consulted for free at the Library room of the Cuban Office of Industrial Property.
For online access, you can use TMview, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including Cuba.
Another valuable tool is TMclass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in Cuba?
As in Europe, the Cuban trade mark system is a multi-class application system. Therefore, a single trade mark application may include products and/or services of different classes, according to the Nice classification.
To check whether the products or services are classified within the same class, you may use TMclass, a free online platform set up by EUIPO that allows users to search and classify goods and services in your trade mark application, or WIPO´s classification web-tool.
Is Cuba part of the Madrid System, the International Trade mark Registration System?
Cuba is a member of the Madrid System.
Therefore, trade mark applicants can choose whether to file a national application or to designate Cuba under an international registration. The Madrid System allows the registration of a trade mark in several countries through a single application.
Can non-traditional trade marks be registered in Cuba?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Cuba: 3D/shape marks.
How long does patent protection last in Cuba?
Patents are granted for a 20-year term from the date of application.
How long does utility model protection last in Cuba?
The legal protection of utility models is of 10 years, calculated from the filing date of the application. Further extension is not possible.
Is Cuba part of the PCT, the International Patent Registration System?
Cuba is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Cuba?
It takes approximately 4 years to get a patent granted in Cuba.
Is Cuba part of the Hague System, the International Design Filing System?
Cuba is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with the Cuban Office of Industrial Property.
Are unregistered designs protected in Cuba?
In Cuba, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Cuba in order to protect my work?
In Cuba and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in the Dominican Republic?
The application form and other relevant required documents must be submitted in Spanish.
Which is the national office in charge of Intellectual Property Rights in the Dominican Republic?
The office in charge trade mark, patent, utility model and design registration is the National Industrial Property Office (ONAPI).
Copyright-protected works can be registered with Oficina Nacional de Derecho de Autor.
Do I need a representative for the management of my IPRs in the Dominican Republic?
IPR applicants in the Dominican Republic do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have a residence in the Dominican Republic, they must be represented by a local agent. In practice, this means that EU SMEs that do not have an address yet will have to go through a representative when dealing with the Dominican IP office.
Note that the same rule applies in Europe: people or businesses that have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, the Dominican Republic does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, date of creation, or the content of the work itself.
Regarding trade marks, patents, designs, and utility models, the Dominican law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in the Dominican Republic first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention and the TRIPS Agreement, the Dominican Republic provides a certain degree of protection to unregistered well-known marks. Be aware that, in contrast with Europe, unregistered designs are not protected in the Dominican Republic.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in the Dominican Republic?
You may request a trade mark search to the Dominican Republic’s trade mark office (ONAPI). This service has a fee of approximately € 10.
Alternatively, you can also use TMView, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including the Dominican Republic.
Another valuable tool is TMClass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in the Dominican Republic?
The Dominican Republic allows multi-class trade mark applications. Therefore, a single trade mark application may include products and/or services of different classes, according to the Nice Classification.
Is the Dominican Republic part of the Madrid System, the International Trade mark Registration System?
The Dominican Republic is not a member of the Madrid System. Therefore, if you want to protect your trade mark in the country, you must apply for a national trade mark with the Dominican Republic’s trade mark office (ONAPI).
Can non-traditional trade marks be registered in Dominican Republic?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Dominican Republic: 3D/shape, colour position/combination, smell, and sound marks.
How long does patent protection last in the Dominican Republic?
Patent protection lasts for 20 years, calculated from the filing date of the application. This legal protection may be extended for 3 years, in case the IP office delays their decision of grant.
How long does utility model protection last in the Dominican Republic?
Utility model protection lasts for 15 years, calculated from the filing date of the application.
The period of protection cannot be extended.
Is the Dominican Republic part of the PCT, the International Patent Registration System?
The Dominican Republic is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in the Dominican Republic?
It takes approximately between 3 to 4 years to get a patent granted in the Dominican Republic, provided that there are no third-party oppositions or objections by the examiner.
Is the Dominican Republic part of the Hague System, the International Design Filing System?
The Dominican Republic is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with ONAPI.
Are unregistered designs protected in the Dominican Republic?
In the Dominican Republic, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in the Dominican Republic in order to protect my work?
In the Dominican Republic and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Ecuador?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Ecuador?
The office in charge of patents, utility models, trade marks, designs, copyright, appellations of origin and plant varieties is the National Service of Intellectual Rights (SENADI).
Do I need a representative for the management of my IPRs in Ecuador?
IPR applicants in Ecuador do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have an address in Ecuador, they must be represented by a local agent. In practice, this means that EU SMEs that do not already have an address will have to go through a representative in their dealings with the INPI, the Ecuadorian IP office.
Note that the same rule applies in Europe: people or businesses which have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Ecuador does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Ecuadorian law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Ecuador first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention, the TRIPS Agreement and the Andean Community Decision 486/2000, Ecuador provides a certain degree of protection to unregistered well-known marks. Be aware that, in contrast with Europe, unregistered designs are not protected in Ecuador.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Ecuador?
Prior to the submission of an application it is advisable to conduct a background search to verify that the trade mark you intend to apply for will not conflict with any prior trade marks. Unfortunately, there is no public trade mark database in Ecuador. Because of this, you should request to the SENADI a general search or a special search report based on any of the following criteria: holder, international class, year of registration and pending applications.
A valuable tool that you may use is TMclass, which can help you search and classify goods and services in your trade mark application. This database is available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in Ecuador?
Unfortunately, multi-class applications are not allowed in Ecuador. A separate application is required for each class of goods and/or services.
To check whether the products or services are classified within the same class, you may use TMclass, a free online platform set up by EUIPO that allows users to search and classify goods and services in your trade mark application, or WIPO´s classification web-tool.
Is Ecuador part of the Madrid System, the International Trade mark Registration System?
Ecuador is not a member of the Madrid System. Therefore, if you want to protect your trade mark in the country, you must apply for a national trade mark directly with the National Service of Intellectual Rights (SENADI).
Can non-traditional trade marks be registered in Ecuador?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Ecuador: 3D/shape, colour per se, colour position/combination, smell, sound and tactile marks.
How long does patent protection last in Ecuador?
Patents are granted for 20 years from the date of application.
How long does utility model protection last in Ecuador?
The legal protection of utility models lasts for 10 years, calculated from the filing date of the application. Further extension is not possible.
Is Ecuador part of the PCT, the International Patent Registration System?
Ecuador is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Ecuador?
4-5 years
Is Ecuador part of the Hague System, the International Design Filing System?
Ecuador is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with the National Service of Intellectual Rights (SENADI).
Are unregistered designs protected in Ecuador?
In Ecuador, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Ecuador in order to protect my work?
In Ecuador and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in El Salvador?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in El Salvador?
The competent authority in charge of patents, utility models, trade marks, designs, copyright and appellations of origin is the National Registration Center (CNR).
Do I need a representative for the management of my IPRs in El Salvador?
IPR applicants in El Salvador do not need to be represented by a specialised IP attorney for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have an address in El Salvador, a local agent must represent them. In practice, this means that EU SMEs that do not have an address yet will have to rely on a representative for the proceedings carried out through the National Registration Center, the IP office of El Salvador.
The same rule applies in Europe: people or businesses which have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, El Salvador does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Salvadoran law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in El Salvador first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, this trade mark system offers protection to unregistered famous and well-known trade marks (in accordance with the international obligations under the Paris Convention and the TRIPS Agreement). Be aware that, in contrast with Europe, unregistered designs are not protected in El Salvador.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in El Salvador?
The National Registration Center (CNR) provides a trade mark search service upon payment of € 18.
In addition, you can also use TMview, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including El Salvador.
Another valuable tool is TMclass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in El Salvador?
Multiple-class trade mark applications and registrations are accepted in El Salvador. Therefore, a single trade mark application may include products and/or services of different classes, according to the Nice classification.
To check whether the products or services are classified within the same class, you may use TMclass, a free online platform set up by EUIPO that allows users to search and classify goods and services in your trade mark application, or WIPO´s classification web-tool.
Is El Salvador part of the Madrid System, the International Trade mark Registration System?
El Salvador is not a contracting state to the Madrid System for international trade mark registration.
In order to obtain trade mark registration in El Salvador, an application must be filed directly with CNR.
Can non-traditional trade marks be registered in El Salvador?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in El Salvador: 3D/shape, colour position/combination, trade dress, smell, and sound marks.
How long does patent protection last in El Salvador?
Patents are granted for 20 years from the date of application.
How long does utility model protection last in El Salvador?
The legal protection of utility models is of 10 years, calculated from the filing date of the application.
Is El Salvador part of the PCT, the International Patent Registration System?
El Salvador is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in El Salvador?
Registration takes approximately 5 years for patents.
Is El Salvador part of the Hague System, the International Design Filing System?
El Salvador is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with the National Registration Center (CNR).
Are unregistered designs protected in El Salvador?
In El Salvador, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in El Salvador in order to protect my work?
In El Salvador and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Guatemala?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Guatemala?
The competent authority in charge of patents, utility models, trade marks, designs, copyright and appellations of origin is the Registro de la Propiedad Intelectual de Guatemala (RPI).
Do I need a representative for the management of my IPRs in Guatemala?
IPR applicants in Guatemala do not need to be represented by a specialised IP attorney for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have an address in Guatemala, a local agent must represent them. In practice, this means that EU SMEs that do not have an address yet will have to rely on a representative for the proceedings carried out through the Intellectual Property Register of Guatemala.
The same rule applies in Europe: people or businesses which have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Guatemala does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Guatemalan law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Guatemala first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention and the TRIPS Agreement, Guatemala provides a certain degree of protection to unregistered well-known marks. Furthermore, as in Europe, unregistered designs are protected in Guatemala for a period of 3 years.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Guatemala?
The Intellectual Property Register of Guatemala provides access to its trade mark database, where you can find out if the trade mark you are planning to register has already been registered.
Is it possible to register a trade mark for different classes of products or services in Guatemala?
Multiclass applications are available in Guatemala.
Is Guatemala part of the Madrid System, the International Trade mark Registration System?
No, Guatemala is not a member of the Madrid System. Therefore, if you want to protect your trademark in the country, you must apply for a national trademark directly with the RPI.
Can non-traditional trade marks be registered in Guatemala?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Guatemala: 3D/shape, colour per se, colour position/combination, trade dress, smell, and sound marks.
How long does patent protection last in Guatemala?
Patents are granted for 20 years fromthe date of application. If the registration process takes more than 5 years, or the substantive examination takes more than 3 years, applicants can apply for an extension of the protection.
How long does utility model protection last in Guatemala?
The legal protection of utility models is of 10 years, calculated from the filing date of the application.
Is Guatemala part of the PCT, the International Patent Registration System?
Guatemala is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Guatemala?
Registration takes approximately 3-4 years for patents (the extension of the patent can be extended if the procedure takes longer than 5 years).
Is Guatemala part of the Hague System, the International Design Filing System?
Guatemala is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with the Intellectual Property Register of Guatemala.
Are unregistered designs protected in Guatemala?
In Guatemala, designs must be registered in order to be fully protected. However, be aware that Guatemala grants 3 years protection to unregistered designs in a similar way to the European Union.
Do I need to include a copyright sign (©) in Guatemala in order to protect my work?
In Guatemala and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Honduras?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Honduras?
The competent authority in charge of patents, utility models, trade marks, designs, copyright and appellations of origin is the Directorate General of Intellectual Property.
Do I need a representative for the management of my IPRs in Honduras?
IPR applicants in Honduras do not need to be represented by a specialised IP attorney for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have an address in Honduras, a local agent must represent them. In practice, this means that EU SMEs that do not have an address yet will have to rely on a representative for the proceedings carried out through the Directorate General of Intellectual Property.
The same rule applies in Europe: people or businesses which have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Honduras does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Honduran law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Honduras first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention and the TRIPS Agreement, Honduras provides a certain degree of protection to unregistered well-known marks. In addition, Honduras trade mark law also grants, under certain conditions, a ‘preferential right’ after the registration to those who have been commercially using a trade mark in good faith since the earliest date within national territory.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Honduras?
The Directorate General of Intellectual Property provides a trade mark search service upon payment of the corresponding fee.
Is it possible to register a trade mark for different classes of products or services in Honduras?
Multiple-class trade mark applications and registrations are accepted in Honduras. Therefore, a single trade mark application may include products and/or services of different classes, according to the Nice classification.
To check whether the products or services are included within the same class, please refer to WIPO´s classification web-tool.
Is Honduras part of the Madrid System, the International Trade mark Registration System?
Honduras is not a contracting state to the Madrid System for international trade mark registration.
In order to obtain trade mark registration in Honduras, an application must be filed directly with the Directorate General of Intellectual Property.
Can non-traditional trade marks be registered in Honduras?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Honduras: 3D/shape, colour position/combination, and trade dress marks.
How long does patent protection last in Honduras?
Patents are granted for 20 years from the date of application. If the registration process takes more than 5 years, or the substantive examination takes more than 3 years, applicants can apply for an extension of the protection.
How long does utility model protection last in Honduras?
The legal protection of utility models is 15 years, calculated from the filing date of the application.
Is Honduras part of the PCT, the International Patent Registration System?
Honduras is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Honduras?
3 years
Is Honduras part of the Hague System, the International Design Filing System?
Honduras is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with the Directorate General of Intellectual Property.
Are unregistered designs protected in Honduras?
In Honduras, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Honduras in order to protect my work?
In Honduras and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Mexico?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Mexico?
Depending on the IPR concerned, the competent authority may vary:
The office in charge of patents, utility models, trade marks, designs and appellations of origin is the Mexican Institute of Industrial Property (IMPI).
Regarding copyright, the competent office is the National Copyright Institute (INDAUTOR).
Do I need a representative for the management of my IPRs in Mexico?
IPR applicants in Mexico do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have an address in Mexico, they must be represented by a local agent. In practice, this means that EU SMEs that do not already have an address will have to use a representative in their dealings with the IMPI, the Mexican IP office.
Note that the same rule applies in Europe: people or businesses which have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Mexico does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Mexican law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Mexico first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with its international obligations under the Paris Convention, the TRIPS Agreement and the Andean Community Decision 486/2000, Mexico provides a certain degree of protection to unregistered well-known marks. Be aware that, in contrast with Europe, unregistered designs are not protected in Mexico.
If you want to know more about how to protect your creations, and get tailored advice to your specific case, contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Mexico?
The Mexican Institute of Industrial Property (IMPI) provides free access to its trade mark database (MARCANET), where you can find out if the trade mark you are planning to register has already been registered.
In addition, you can also use TMview, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including Mexico.
Another valuable tool is TMclass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in Mexico?
In contrast to Europe, Mexico has no multi-class application system. Hence, a separate trade mark application must be filed for each class of product or service you want to register your trade mark in.
Note that Mexico adopted the Nice classification, but products and services that are not included in any of the classes can use the Complementary list issued by IMPI in order to increase certainty.
To check whether the products or services are classified within the same class, you may use TMclass, a free online platform set up by EUIPO that allows users to search and classify goods and services in your trade mark application, or WIPO´s classification web-tool.
Is Mexico part of the Madrid System, the International Trade mark Registration System?
Mexico is a member of the Madrid System.
Therefore, trade mark applicants can choose whether to file a national application or to designate Mexico under an international registration. The Madrid System allows the registration of a trade mark in several countries through a single application.
Can non-traditional trade marks be registered in Mexico?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Mexico: 3D/shape, colour position/combination, holograms, trade dress, smell, and sound marks.
How long does patent protection last in Mexico?
Patents are granted for 20 years from the date of application.
The term of protection shall under no circumstances be extended.
How long does utility model protection last in Mexico?
The legal protection of utility models is of 10 years, calculated from the filing date of the application.
Is Mexico part of the PCT, the International Patent Registration System?
Mexico is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Mexico?
2-3 years
Is Mexico part of the Hague System, the International Design Filing System?
Mexico is a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you can make use of this system that allows industrial designs to be protected in multiple countries or regions with minimal formalities.
Are unregistered designs protected in Mexico?
In Mexico, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Mexico in order to protect my work?
In Mexico, copyright works must include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Nicaragua?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their translation must be submitted for every document issued in another language.
Which is the national office in charge of Intellectual Property Rights in Nicaragua?
The competent authority in charge of patents, utility models, trade marks, designs, copyright and plant varieties is the Nicaraguan Intellectual Property Office.
Do I need a representative for the management of my IPRs in Nicaragua?
IPR applicants in Nicaragua do not need to be represented by a specialised IP attorney for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have an address in Nicaragua, a local agent must represent them. In practice, this means that EU SMEs that do not have an address yet will have to rely on a representative for the proceedings carried out through the Nicaraguan Intellectual Property Office.
The same rule applies in Europe: people or businesses which have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Nicaragua does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Nicaraguan law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Nicaragua first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention and the TRIPS Agreement, Nicaragua provides a certain degree of protection to unregistered well-known marks. In addition, the Nicaraguan law does not allow the registration of a sign that is identical or similar to another that has been used in good faith within the national territory for the same kind of products or services. Furthermore, in common with Europe, unregistered designs are protected in Nicaragua for a period of 3 years.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Nicaragua?
The Nicaraguan Intellectual Property Office provides a trade mark search service upon payment of the corresponding fee (it varies depending on the type of search requested).
Is it possible to register a trade mark for different classes of products or services in Nicaragua?
Multiple-class trade mark applications and registrations are accepted in Nicaragua. Therefore, a single trade mark application may include products and/or services of different classes, according to the Nice classification.
To check whether the products or services are included within the same class, please refer to WIPO´s classification web-tool.
Is Nicaragua part of the Madrid System, the International Trade mark Registration System?
Nicaragua is not a contracting state to the Madrid System for international trade mark registration.
In order to obtain trade mark registration in NIcaragua, an application must be filed directly with the Nicaraguan Intellectual Property Office.
Can non-traditional trade marks be registered in Nicaragua?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Nicaragua: 3D/shape, colour position/combination, holograms, smell, and sound marks.
How long does patent protection last in Nicaragua?
The legal protection of patents is 20 years, calculated from the filing date of the application.
How long does utility model protection last in Nicaragua?
The legal protection of utility models is of 10 years, calculated from the filing date of the application.
Is Nicaragua part of the PCT, the International Patent Registration System?
Nicaragua is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Nicaragua?
3-6 years.
Is Nicaragua part of the Hague System, the International Design Filing System?
Nicaragua is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with the Nicaraguan Intellectual Property Office.
Are unregistered designs protected in Nicaragua?
In Nicaragua, designs must be registered in order to be fully protected. However, be aware that Nicaragua grants 3 years protection to unregistered designs in a similar way to the European Union.
Do I need to include a copyright sign (©) in Nicaragua in order to protect my work?
In Nicaragua and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Panama?
The application form and other relevant required documents must be submitted in Spanish.
Which is the national office in charge of Intellectual Property Rights in Panama?
Do I need a representative for the management of my IPRs in Panama?
Foreign applicants without a legal domicile in Panama must be represented by a local attorney.
This representation must be approved through a power of attorney included as part of the application documents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Panama does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Panamanian law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Panama first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention and the TRIPS Agreement, Panama provides a certain degree of protection to unregistered well-known marks. Be aware that, in contrast with Europe, unregistered designs are not protected in Panama.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Panama?
Panama’s trade mark office, DIGERPI, provides free access to its trade mark database, where you can find out if the trade mark you are planning to register has already been registered.
Is it possible to register a trade mark for different classes of products or services in Panama?
Multiple-class trade mark applications and registrations are accepted in Panama. Therefore, a single trade mark application may include products and/or services of different classes, according to the Nice Classification.
To check whether the products or services are included within the same class, please refer to WIPO’s classification web-tool.
Is Panama part of the Madrid System, the International Trade mark Registration System?
Panama is not a contracting state to the Madrid System for international trade mark registration. In order to obtain trade mark registration in Panama, an application must be filed directly with DIGERPI.
Can non-traditional trade marks be registered in Panama?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Panama: 3D/shape, colour position/combination, holograms, smell, and taste marks.
How long does patent protection last in Panama?
Patents are granted for 20 years counting from the date of application. If the registration process takes more than 5 years, or the substantive examination takes more than 3 years, applicants can request the extension of the protection period.
How long does utility model protection last in Panama?
The legal protection of utility models is of 10 years from the date of filing of the application. This legal protection cannot be extended and/or renewed.
Is Panama part of the PCT, the International Patent Registration System?
Panama is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Panama?
Registration takes approximately 5 years for patents (the duration of the patent can be extended if the procedure takes longer).
Is Panama part of the Hague System, the International Design Filing System?
Panama is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with DIGERPI.
Are unregistered designs protected in Panama?
In Panama, designs should be registered in order to be fully protected. However, note that Panama grants 3 years of exclusive protection to unregistered designs in a similar way to the European Union.
Do I need to include a copyright sign (©) in Panama in order to protect my work?
In Panama as in Europe, and whether the workd is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Paraguay?
The application form and other relevant required documents must be submitted in Spanish.
Documents in other languages must be translated or certified by a sworn translator registered in Paraguay.
Which is the national office in charge of Intellectual Property Rights in Paraguay?
The office in charge of patent, utility model, trade mark and design applications Is the Dirección Nacional de Propiedad Intelectual (DINAPI).
Copyright protected works can also be registered at DINAPI.
Finally, the competent authority for plant varieties is the Dirección de Semillas of the Servicio Nacional de Calidad y Sanidad Vegetal y de Semillas (SENAVE).
Do I need a representative for the management of my IPRs in Paraguay?
Foreign IPR applicants in Paraguay must be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Paraguay does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Paraguayan law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Paraguay first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention and the TRIPS Agreement, Paraguay provides a certain degree of protection to unregistered well-known marks. Be aware that, in contrast with Europe, unregistered designs are not protected in Paraguay.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Paraguay?
The Dirección Nacional de Propiedad Intelectual (DINAPI) provides free access to its trade mark database, where you can find out if the trade mark you are planning to register has already been registered.
Is it possible to register a trade mark for different classes of products or services in Paraguay?
Paraguay only accepts single-classe trade mark applications. Therefore, a separate trade mark application must be filed for each class of products or services of the International Classification of Nice (10th edition) and the Paraguayan Classification for which the trade mark protection is requested.
Is Paraguay part of the Madrid System, the International Trade mark Registration System?
Paraguay is not a member of the Madrid System. Therefore, if you want to protect your trade mark in the country, you must apply for a national trade mark with Paraguay’s trade mark office (DINAPI)
Can non-traditional trade marks be registered in Paraguay?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Paraguay: 3D/shape, colour position/combination, trade dress, and sound marks.
How long does patent protection last in Paraguay?
Patent protection lasts for 20 years, calculated from the filing date of the application. This legal protection cannot be extended and/ or renewed.
How long does utility model protection last in Paraguay?
Utility model protection lasts for 10 years, calculated from the filing date of the application. This legal protection cannot be extended and/or renewed.
Is Paraguay part of the PCT, the International Patent Registration System?
Paraguay has not signed the Patent Cooperation Treaty. Therefore, if you want to file a patent application you must apply for a national patent.
How long does it take to get a patent granted in Paraguay?
It takes approximately between 6 to 7 years to get a patent granted in Paraguay, provided that there are no third-party oppositions or objections by the examiner.
Is Paraguay part of the Hague System, the International Design Filing System?
Paraguay is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with DINAPI.
Are unregistered designs protected in Paraguay?
In Paraguay, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Paraguay in order to protect my work?
In Paraguay and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Peru?
The application form and other relevant required documents must be submitted in Spanish.
Duly certified copies along with their translation must be submitted for every document issued in another language
Which is the national office in charge of Intellectual Property Rights in Peru?
The competent authority in charge of patents, utility models, trade marks, designs, copyright, plant varieties and appellations of origin is the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi).Depending on the IPR concerned, the competent INDECOPI department may vary.
Do I need a representative for the management of my IPRs in Peru?
IPR applicants in Peru do not need to be represented by a specialised IP attorney for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have an address in Peru, a local agent must represent them. In practice, this means that EU SMEs that do not have an address yet will have to rely on a representative for the proceedings carried out through INDECOPI, the Peruvian IP office.
The same rule applies in Europe: people or businesses which have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Peru does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Peruvian law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Peru first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention, the TRIPS Agreement and the Andean Community Decision 486/2000, Peru provides a certain degree of protection to unregistered well-known marks. Be aware that, in contrast with Europe, unregistered designs are not protected in Peru.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Peru?
The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) provides free access to its trade mark database, where you can find out if the trade mark you are planning to register has already been registered.
In addition, you can also use TMview, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including Peru.
Another valuable tool is TMclass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in Peru?
Multiple-class trade mark applications and registrations are accepted in Peru. Therefore, a single trade mark application may include products and/or services of different classes, according to the Nice classification.
To check whether the products or services are classified within the same class, you may use TMclass, a free online platform set up by EUIPO that allows users to search and classify goods and services in your trade mark application, or WIPO´s classification web-tool.
Is Peru part of the Madrid System, the International Trade mark Registration System?
Peru is not a contracting state to the Madrid System for international trade mark registration. In order to obtain trade mark registration in Peru, an application must be filed directly with Indecopi.
Can non-traditional trade marks be registered in Peru?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Peru: 3D/shape, colour position/combination, smell, sound and tactile marks.
How long does patent protection last in Peru?
Patents are granted for 20 years from the date of application.
A restoration of the protection term may be requested whenever there is an unreasonable delay with a patent, except in those cases in which a pharmaceutical product or process is claimed.
Indecopi incurs in an unreasonable delay whenever a patent takes more than 5 years to be issued from the filing date of the application or 3 years after the request for the substantive examination, whichever is last, provided that such delay is not attributable to the patent holder.
How long does utility model protection last in Peru?
The legal protection of utility models is of 10 years, calculated from the filing date of the application.
Is Peru part of the PCT, the International Patent Registration System?
Peru is a contracting party to the Patent Cooperation Treaty (PCT), which allows the filing of international patent applications. Therefore, EU applicants can benefit from the simplified procedures and reduced costs that the WIPO systems provide to foreign applicants.
How long does it take to get a patent granted in Peru?
Up to 5 years.
Is Peru part of the Hague System, the International Design Filing System?
Peru is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi).
Are unregistered designs protected in Peru?
In Peru, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Peru in order to protect my work?
In Peru and in Europe, and whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of first publication.
Which language can I use to register an Intellectual Property Right in Uruguay?
The application form and other relevant required documents must be submitted in Spanish.
Which is the national office in charge of Intellectual Property Rights in Uruguay?
The office in charge of trade mark, patent, utility model and design registration is the National Directory for Industrial Property, part of the Ministry of Industry (MIEM-DNPI).
Copyright-protected works can be registered with the Copyright Department of the National Library.
Do I need a representative for the management of my IPRs in Uruguay?
IPR applicants in Uruguay do not need to be represented by a specialised IP attorney, be it for trade marks, patents, utility models or design rights. However, this is always strongly recommended. Moreover, if the applicant does not have a residence in Uruguay, they must be represented by a local agent. In practice, this means that EU SMEs that do not have an address yet will have to go through a representative when dealing with the Uruguayan IP office.
Note that the same rule applies in Europe: people or businesses that have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Uruguay does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Uruguayan law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Uruguay first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
Nevertheless, in accordance with the international obligations under the Paris Convention and the TRIPS Agreement, Uruguay provides a certain degree of protection to unregistered well-known marks. Be aware that, in contrast with Europe, unregistered designs are not protected in Uruguay.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Uruguay?
The National Directory for Industrial Property (MIEM-DNPI) provides free access to its trade mark database, where you can find out if the trade mark you are planning to register has already been registered.
You can also use TMView, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including Uruguay.
Another valuable tool is TMClass, which can help you search and classify goods and services in your trade mark application. These databases are available in the 22 official languages of the EU.
Is it possible to register a trade mark for different classes of products or services in Uruguay?
Uruguay allows multi-class trade mark applications. In other words, you may register a trade mark for several goods and services through one single application.
Is Uruguay part of the Madrid System, the International Trade mark Registration System?
Uruguay is not a member of the Madrid System. Therefore, if you want to protect your trade mark in the country, you must apply for a national trade mark with the National Directory for Industrial Property (MIEM-DNPI).
Can non-traditional trade marks be registered in Uruguay?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Uruguay: 3D/shape, colour position/combination, and sound marks.
How long does patent protection last in Uruguay?
Patent protection lasts for 20 years, calculated from the filing date of the application. This legal protection cannot be extended and/ or renewed.
How long does utility model protection last in Uruguay?
Utility model protection lasts for 10 years, calculated from the filing date of the application.
The law allows for the term of protection to be extended once for a five-year period.
Is Uruguay part of the PCT, the International Patent Registration System?
Yes, Uruguay is a contracting party to the PCT, which allows the filing of international patent applications.
How long does it take to get a patent granted in Uruguay?
It takes more than 7 years to get a patent granted in Uruguay. Third-party oppositions or objections by the examiner may delay the granting date.
Is Uruguay part of the Hague System, the International Design Filing System?
Uruguay is not a party to the Hague Agreement on the international registration of industrial designs (the Hague System). Therefore, if you want to protect your industrial design in the country, you must apply for a national design directly with the National Directory for Industrial Property (MIEM-DNPI).
Are unregistered designs protected in Uruguay?
In Uruguay, designs must be registered in order to be protected. In contrast with Europe, unregistered designs do not benefit from any protection.
Do I need to include a copyright sign (©) in Uruguay in order to protect my work?
In Uruguay, as in Europe, it is not required to include a copyright sign to protect your work.
However, whether the work is registered or not, it is advisable to include a copyright notice such as ‘all rights reserved’, along with the copyright sign ‘©’, followed by the name of the author and the year of the first publication. This will allow third parties to know that your work is protected and that it should not be copied without authorisation.
Which language can I use to register an Intellectual Property Right in Venezuela?
The application form and other relevant required documents must be submitted in Spanish.
Which is the national office in charge of Intellectual Property Rights in Venezuela?
Do I need a representative for the management of my IPRs in Venezuela?
Foreigners without a residence or commercial establishment in Venezuela must appoint a representative.
Note that the same rule applies in Europe: people or businesses that have a legal address in Europe will not need representation when registering their IP rights in Europe. Foreign companies without an address in Europe will need to be represented by local agents.
Should I register my Intellectual Property to protect it?
As part of the Berne Convention, Venezuela does not require any formal registration to provide protection to copyright works; the work will be automatically protected from the moment of its creation. However, registration may be very useful in enforcement actions, such as evidence of ownership, the date of creation or the content of the work itself.
Regarding trade marks, patents, designs and utility models, the Venezuelan law follows the first-to-file principle, which means that exclusive rights are granted to the party that registers the relevant IP right in Venezuela first. Therefore, in order to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.
If you want to know more about how to protect your creations and get tailored advice for your specific case, you can contact our Helpline. It is free, fast and confidential.
How can I assess if a trade mark is available in Venezuela?
The “Servicio Autónomo de Propiedad Intelectual” (SAPI) offers free access to its trade mark database upon registration.
In addition, you can also use TMview, a free online platform set up by EUIPO that allows users to search for trade marks that have already been registered in the participating countries, including Venezuela.
Is it possible to register a trade mark for different classes of products or services in Venezuela?
Venezuela only accepts single-class trade mark applications. Therefore, a separate trade mark application must be filed for each class of products or services of the International Classification of Nice (10th edition) and the Venezuelan Classification for which the trade mark protection is requested.
Is Venezuela part of the Madrid System, the International Trade mark Registration System?
Venezuela is not part of the International Trade mark Registration System (Madrid System). Thus, if you want to protect your trade mark in the country, you must apply for a national one.
Can non-traditional trade marks be registered in Venezuela?
Non-traditional trade marks are any trade marks that do not fall into the traditional categories of word or figurative marks.
The following non-traditional TMs can be registered in Venezuela: sound marks.
How long does patent protection last in Venezuela?
Patent protection lasts for 20 years, calculated from the filing date of the application.
How long does utility model protection last in Venezuela?
10 years from the filing date.
Is Venezuela part of the PCT, the International Patent Registration System?
Venezuela has not signed the Patent Cooperation Treaty. Therefore, if you want to file a patent application you must apply for a national patent.
How long does it take to get a patent granted in Venezuela?
It takes approximately 7 years to get a patent granted in Venezuela, provided that there are no third-party oppositions or objections by the examiner.
Is Venezuela part of the Hague System, the International Design Filing System?
Venezuela is not part of the International Design Registration System (Hague System). Thus, if you want to protect your industrial design in the country, you must apply for a national one.
Are unregistered designs protected in Venezuela?
In Venezuela, designs must be registered in order to be protected. Unregistered designs do not benefit from any protection.