The Transfer of Industrial Property Rights in Guatemala
The distinctive signs are recognized, as an asset right, within the rights that the owner has over them, is to assign them through any kind of contract and for any condition or term.
Guatemalan law requires that the contract must be written. Commonly in Guatemala, it is done through a private document with legalization of signatures or a public deed. With respect to the legal business that gives legal form, can be a sales agreement of or an assignment deed.
This assignment of rights or alienation, needs for its validity the registration at the Trademark Office of said transfer of ownership.
According to the law of the matter, the request for registration of the sales or assignment must contain:
- The name of the registered owner and the new owner name, and its addresses;
- The mark or marks affected by the transfer and indication of their records or the file number in which they are processed;
- Title by which the transfer was done.
The sale or assignment of a trademark can be made in whole or in part with respect to all, some or one of the products or services for which the trademark is registered.
María Olga Contreras Mérida
García & Bodán