If you are considering registering a business in Paraguay, safeguarding your intellectual property becomes a critical step to ensure your competitive edge in the market. Biz Latin Hub offers a complimentary service to conduct a search in the Paraguay trademark office database on your behalf, marking the initial phase of this process.
The Paraguay trademark office database is administrated by the National Directorate of Intellectual Property (DINAPI), situated in Asunción, the capital of Paraguay. It’s essential to note that all DINAPI proceedings are conducted in Spanish, one of the country’s official languages, alongside Guaraní. If you lack proficiency in Spanish, you’ll require assistance in navigating these processes.
Note that all DINAPI processes are carried out in Spanish — one of two official languages in the country, alongside Guaraní — so if you don’t have proficiency in Spanish, you will need assistance.
If you would like us to perform a free search in the Paraguay trademark office database, please don’t hesitate to contact us.
Or read on to understand more about the Paraguayan market as an investment destination, as well as information on how to register a Paraguay trademark.
Paraguay Trademark – ‘An Attractive Investment Destination in Latin America’
While Paraguay might not always be the trendiest investment destination in Latin America and the Caribbean, the nation has experienced substantial growth and enjoyed prolonged economic and political stability. This growth positions Paraguay as an excellent place to conduct business. Before delving into the trademark registration process, let’s take a quick look at the economic landscape.
Paraguay’s Gross Domestic Product (GDP) has increased nearly five-fold from 2002 to 2020, despite facing recent challenges exacerbated by the global COVID-19 pandemic.
Paraguay boasts several favorable factors for investment, including a youthful and urbanizing workforce, a thriving real estate market, a low-tax regime, and a simplified residency process for foreign investors.
These factors have led Inter-American Development Bank President Mauricio Claver-Carone to remark that “all the chips for success are on the table.” If he were running a foreign company aiming to enter the region, “one of my first destinations would be Paraguay.” This underscores the importance of conducting a Paraguay trademark search in the national database before initiating a brand or product.
The country also hosts multiple free trade zones (FTZs), primarily situated around Ciudad del Este in the Argentina-Brazil-Paraguay tri-border area, offering attractive financial incentives to foreign investors.
Paraguay is actively working to promote investment and trade. It established transfer pricing norms for the first time in 2019 and is currently in discussions for a free trade agreement (FTA) with Chile, which would mark the country’s first bilateral FTA.
Furthermore, Paraguay is a founding member of the Southern Common Market (Mercosur), a 30-year-old economic association that includes Argentina, Brazil, and Uruguay. Through Mercosur, Paraguay enjoys free trade access to several key markets.
All these factors combine to make Paraguay an appealing investment destination. However, before introducing a brand or product, it’s crucial to initiate a search in the Paraguay trademark office database to protect your intellectual property.
Paraguay Trademark – Why register?
Registering a trademark in Paraguay offers several compelling reasons. First, it grants legal ownership and exclusive usage rights, safeguarding your mark from unauthorized use by competitors and counterfeiters. This helps establish a unique brand identity, preventing consumer confusion and enhancing your business’s reputation and trustworthiness.
Second, trademark registration in Paraguay provides a legal foundation to enforce your rights against any infringing parties. This enables you to take legal action and seek remedies in case of violations, ensuring your market position and brand value remain intact.
Additionally, registering a trademark enhances the intellectual property’s value and marketability, potentially attracting investors and facilitating licensing opportunities. It signals your commitment to intellectual property rights, which can be advantageous when seeking partnerships and collaborations. In essence, trademark registration in Paraguay is a prudent investment to protect brand integrity, secure market presence, and gain a competitive edge in the dynamic business landscape.
Registration Begins with a Paraguay Trademark Office Database Search
The process of registering a trademark in Paraguay comprises six key steps, commencing with a search in the trademark office database:
1. Search the Paraguay trademark office database
If you have selected a brand or design, or if you’re already using one in another market and wish to introduce it, the initial step in registering a trademark is conducting a search in the Paraguay trademark office database. When choosing a company name, it’s advisable to have alternative options in case your preferred name is already in use.
2. Submit your application
After confirming the availability of your chosen name or brand, you must submit the application to DINAPI. While this process can begin online, you or a legal representative in Paraguay may need to attend in person as part of the procedure.
3. Publish your application
As part of the trademark registration process in Paraguay, your application needs to be published in the National Gazette or a widely-circulated newspaper for at least three consecutive days. This allows third parties to offer comments and raise objections to your proposed trademark.
4. Third party comments and objections
Following the publication, third parties have 60 business days to present comments or objections regarding your proposed trademark. DINAPI will take these into account during the application review.
5. Review of your application
Once the 60-day period ends, DINAPI conducts a thorough review to ensure your application complies with local laws and has not faced substantive objections.
6. Trademark approval
Once the process is complete and DINAPI is satisfied with your trademark, it will issue an opinion on your application to the General Directorate of Industrial Property, which will either approve or reject the application.
7. Renewal Process
Trademarks registered in Paraguay are initially valid for ten (10) years from the registration date and can be renewed indefinitely in additional ten (10)-year periods. If a trademark is not renewed before its expiration date, there’s a grace period of six (6) months afterward for late renewal, which requires the payment of a surcharge.
Common Asked Questions for Trademark Registration in Paraguay
Based on our extensive experience these are the common questions and doubts of our clients when registering a trademark locally
– The applicant’s contact information (business name, business ID number, country of incorporation, phone number, office address, email address, etc.).
– Determining the class of your products/services for registration in the International (Nice) Classification of Goods and Services.
– Providing a detailed brand description, including its origin, design, general description, and business activity.
– The date on which you began using your brand commercially.
– If you intend to register your logo along with your brand, it’s recommended to provide the logo in JPG format.
– The timeframe for trademark registration is approximately 14 months, provided there are no objections from third parties.
Biz Latin Hub can support you with registering your Paraguayan trademark
At Biz Latin Hub, our team of corporate support specialists based in Asuncion will undertake an obligation-free search of the Paraguay trademark office database on your behalf, so that you can get an initial idea of whether your proposed brand name is available for use in the market.
We offer a comprehensive portfolio of back-office solutions, including company formation, accounting & taxation, legal services, visa processing, and hiring & PEO, meaning that we can provide a tailored package of integrated services to suit every need.
We also have teams in place in 15 other markets around Latin America and the Caribbean, as well as in Australia and New Zealand.
Contact us today with details on a trademark you would like us to look into in Paraguay, or for further information on how we can support your business.
Or read about our team and expert authors.
The information provided here within should not be construed as formal guidance or advice. Please consult a professional for your specific situation. Information provided is for informative purposes only and may not capture all pertinent laws, standards, and best practices. The regulatory landscape is continually evolving; information mentioned may be outdated and/or could undergo changes. The interpretations presented are not official. Some sections are based on the interpretations or views of relevant authorities, but we cannot ensure that these perspectives will be supported in all professional settings.
