Paraguay’s DINAPI Issues “Trademark Examination Guidelines”

The National Directorate of Intellectual Property (DINAPI) of Paraguay has published its first comprehensive “Trademark Examination Guidelines” (in Spanish, “Directrices para el Examen de Marcas en Paraguay)” through Resolution No. 259/2025.

These guidelines are designed to standardize trademark examination criteria, ensuring greater transparency, predictability, and legal certainty for the benefit of system users and industry professionals. They serve as both a technical reference for trademark examiners and a practical tool for IP practitioners.

The Examination Guidelines complement and clarify the existing legal framework applicable to the substantive examination of trademark registration applications. Their purpose is to facilitate the work of national authorities responsible for deciding on the granting or refusal of registrations.

The document addresses absolute conditions for registrability and relative grounds for non-registrability, and develops the following key topics, among others:

• Signs admissible as trademarks
• Distinctiveness requirements
• Signs that cannot function as trademarks because they are generic, descriptive, deceptive, or contrary to the law or public order
• Collective and certification marks
• Prior rights of third parties enforceable against a trademark registration
• Well-known marks
• Applications filed in bad faith

In addition, some formal issues are addressed when they are directly connected to the substantive examination, the definition of the trademark sign, its registrability, or the validity of the granted registration.

The issuance of these Guidelines marks a significant step in modernizing Paraguay’s trademark system. By clarifying examination standards and aligning them with global best practices, DINAPI is fostering a more transparent and predictable environment for trademark protection.