As of 01 October 2003, it will be possible to apply for cancellation of trade mark registrations for non-use in Paraguay, if it can be shown that use has not been made for 5 consecutive years.

The law is silent on the question of whether non-use for the first 5 years, counted from the date of registration, will render the registration incurably invalid, or whether bringing the mark into use after the initial 5 year period will prevent cancellation.

However, it remains to be seen how many trade marks will be successfully cancelled, given that Paraguay has adopted the concept of ?international use?. This means that if a Paraguay registration is challenged for non-use, proof of use of the mark within the relevant 5 year period in any country in the world will prevent cancellation. Therefore it would seem that owners of trade marks in Paraguay do not have to be concerned about the threat of cancellation proceedings, provided the trade mark in question was in use somewhere in the world during the 5 year period concerned. However, as cancellation proceedings will not be possible until October, there is no case law on the matter, and it is possible that the principle of ?international use? will be overturned.