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In this article we give you a brief overview on how to register a trademark in Argentina. However, we remind you that Eva Troiani law firm can assist you for the registration of your trademark all over the world.
Which kind of trademarks can be registered in Argentina
The following may be registered as trademarks to distinguish products and services:
- one or more words with or without conceptual meaning;
- drawings; emblems; monograms;
- engravings; stampings; seals;
- images; bands;
- combinations of colors applied at a specific location on the product or on the packages;
- wrappings; packages;
- the combination of letters and of numbers;
- letters and numbers on account of their special design;
- advertising slogans;
- contours having the capacity to distinguish and any other sign with such capacity.
Trademark filing and registration of a trademark in Argentina
Whoever wishes to obtain the registration of a trademark, must file an application for each class in which it was requested. Also Argentina uses Nice Classification for the choice of the classes in which the trademark must be registered.
Once the application for registration has been filed, the Trademark Office, if finds legal formalities had been met, shall cause it to publication. Within thirty (30) days of publication of application having been made, INPI (National Institute of Industrial Property) shall carry out the search of the records for the trademark application and shall issue an opinion with respect to its capacity to be registered.
The oppositions to the registration of a mark must be lodged before the National Institute of Industrial Property within the thirty (30) days elapsing as from the publication. If neither oppositions are filed nor confusingly similar prior records or other absolute grounds for rejection are found, registration is granted.
In case an opposition is filed, the applicant will have three months as of the date of notification to obtain the withdrawal of such opposition.
Once said term expires without withdrawal of the opposition, the opponent, within 15 working days, will have to pay the official fees and will be able to enhance the grounds of the opposition and to file the evidences.
Once the term of 15 days given to the opponent expires, the applicant will have 15 working days for filing a reply to the opposition and file evidences, if any.
There other deadline during the opposition proceedings and, at the end, INPI will decide whether to accept or reject the opposition.
News 2019 for the registration of a trademark in Argentina
With the changes come into force on June 3, 2019, there is now an obligation to periodically file sworn statements certifying that the trademark is in use: this provision has retroactive effect as it also applies to trademarks that have been registered since 12 January 2013, for which the declarations of use must be submitted by 12 January 2020.
Other procedural changes have also been envisaged, including the reduction from 90 to 30 days of the deadline to reply to the objections raised by the Trademark Office of Argentina and the possibility for the latter to partially accept a trademark application, by refusing some products and / or services proposed in the application
Validity and duration of a trademark in Argentina
The term of duration of the registered mark shall be ten years form the registration date and can be renewed indefinitely, each time for ten years.
Trademark registration is subject to cancellation in the event of non-use for five consecutive years.
You can call Eva Troiani law firm for further information for your trademark in Argentina.