Customs trademark registration procedure implemented
Paraguayan Customs has issued Resolution 101, which officially marks the beginning of the implementation of the procedure for trademark registration with Customs. The main features of the resolution are as follows:
- Upon the owner's request, the Registration Department of Customs must register a trademark if it has already been registered with the Industrial Property Office.
- The resolution sets out the mandatory requirements for the registration of trademarks with Customs.
- Trademark registration with Customs shall be valid for the period during which the mark is registered with the Industrial Property Office. Once a registration has been renewed at the Industrial Property Office, such renewal may be recorded by the Customs authorities.
- Trademark registration with Customs applies to all imported and exported goods.
- Customs clearance of branded goods may be suspended at the request of the trademark owner within 12 hours of the filing of the customs declaration if the trademark has been registered with Customs. The industrial property agent may obtain samples of the goods within that term. The trademark owner has six additional hours to request that the court extend the suspension of Customs clearance and order the inspection of the goods.
- Customs must notify the parties in order to allow their presence - or that of their representatives - during the eventual inspection.
- If no suspension order is issued, Customs must release the goods and continue the clearance procedure.
Mirta Miyasaki, Berkemeyer Attorneys & Counselors, Asuncion
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