The Board of Directors of the National Institute of Forensic Sciences of Guatemala (INACIF) approved Agreement CD-INACIF-20-2026, which amends its Rules of Organization and Operation to add a lab dedicated to the analysis of trademarks in the field of intellectual property (IP). This will be created within the forensic laboratories.

The new lab will be responsible for conducting studies and analyses of trademarks, distinctive signs, and other elements related to intellectual property, with the goal of providing scientific support for processes related to the protection of these rights. Although at first glance this may appear to be primarily an organizational change, its significance for trademark owners could be considerable, as it expressly establishes a unit specialized in the technical and scientific analysis of trademarks and distinctive signs.

What Will the New Lab Analyze?

The agreement stipulates that the lab may conduct technical and scientific studies and analyses of word, figurative, combined, and three-dimensional trademarks, as well as labels, prints, printed materials, containers, packaging, security seals, logos, typefaces, weights, and other elements related to intellectual property.

This is particularly important for companies whose products are vulnerable to counterfeiting. In such cases, identifying non-genuine merchandise does not always depend solely on the name or logo appearing on the product. Differences—or similarities—may also be found in the materials, printing, dimensions, packaging, labels, security seals, typefaces, and other presentation characteristics.

The ability to submit these elements to specialized institutional forensic analysis offers trademark owners an additional resource to technically support their protection and enforcement efforts.

Given this new landscape, it is important for trademark owners to consider:

• Identify the technical characteristics that distinguish their genuine products from potential counterfeits.
• Retain authentic samples and up-to-date technical documentation.
• Properly document changes to packaging, labels, typefaces, security seals, and other relevant elements.
• Establish protocols for the preservation and submission of reference samples.
• Review the procedures for documenting suspicious products, seizures, and other physical evidence.
• Coordinate legal teams with the product, quality, packaging, safety, and brand protection departments.
• Incorporate these technical capabilities into your compliance and anti-counterfeiting strategies.

A Significant but Gradual Change

Although the lab has been formally incorporated into INACIF’s structure, the agreement itself specifies that implementation will be phased and subject to the annually allocated budget.

The creation of the lab represents a step toward greater technical specialization in the protection of intellectual property rights in Guatemala. With this development, trademark owners will have new tools at their disposal to support actions against counterfeiting. However, to make the most of it, they will need to identify, document, and preserve the evidence that distinguishes their authentic products.

In the face of increasingly sophisticated counterfeits, in addition to being able to prove ownership of a trademark, having information and evidence that can technically support a product’s authenticity can become an important part of an effective protection strategy.

We would be happy to provide further information and assist you with any advice you may need.