Non-Use Cancellation Action in Guatemala

The legal framework of trademarks in Guatemala contemplates the non-use cancellation action of a trademark. Cancellation proceedings may be filed when a registered trademark is not in use or has never been used in the country during the five consecutive years prior the date in which the cancellation request was raised.

Applicable tribunal will cancel the registration of a trademark when it hasn’t been used during the five years prior the date on which the cancellation action is promoted. Therefore such action won’t proceed before five years from the date of registration of the mark.

If the use of a trademark starts after five years from registration date, such usage will prevent the cancellation of the registration, but only if it was initiated at least three months prior the cancellation action.

Any interested person, expressing the grounds of his claim, can file a cancellation action for non-use of a trademark. Hearing will be granted to the trademark holder, who will have the burden of proof, proving its use in commerce of the registered trademark in connection with the goods and/or services set forth in its registration.

Non-use cancellation action of a trademark can also be claim as defense against an opposition, a nullity action, or as an action for interposed infringement on the basis of a previously registered trademark.

Olga Contreras, García & Bodán