Global Trademark GO - Argentina - Introduction to Trademark Application in Argentina

Submitted by haili on
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页之码IP

Argentina's current trademark regulations are mainly based on the "Trademarks and Signs Law" promulgated on December 26, 1980, and review trademark registration applications based on the principle of "first to file" and supplemented by "first to use". You can apply for text trademarks, graphic trademarks, mixed trademarks, three-dimensional trademarks, sound trademarks, sports trademarks, smell trademarks, position trademarks, and tactile trademarks with elements such as words, names, graphics, three-dimensional logos, color combinations, slogans, sounds, smells, dynamic images, etc. , color combination trademarks or commercial signs, etc. Although Argentina is not a member of the Nice Agreement, it still adopts the international classification system of goods and services. Trademarks can receive complete protection in all 45 classes. In Argentina, trademark registration applications with one mark and multiple classes are not accepted. Trademark applications are not allowed to use "all goods/services of the same kind" or similar descriptions, and trademark applications containing such descriptions will be rejected.

1. Trademark authority

2. How to apply for trademark registration

  • Electronic application

3. Trademark registration application language

  • spanish

4. Documents required for trademark registration application

  • Trademark application
  • Applicant’s information and address
  • Trademark pattern
  • List of goods and/or services
  • The power of attorney, which needs to be notarized and certified, can be submitted within 40 working days from the date of application, but the date of the signed power of attorney must be earlier than the date of application.
  • A copy of the priority document and its Spanish translation must be submitted with a notarized affidavit of the translator. An electronic version of the priority document or a scanned copy of the original document may be submitted within 90 days from the date of application.

5. Argentine trademark registration application process

  • INPI first conducts a formal review of the Argentine trademark application and then publishes it in the Trademark Gazette. Within 30 days from the announcement period, anyone can file an objection to the announced trademark. Before making a decision on the objection, INPI will give the parties a certain amount of time to resolve it amicably on their own. If the two parties cannot reach an agreement, INPI will rule on the objection. INPI then conducts a substantive examination of the trademark application to determine the uniqueness of the trademark and conflicts with prior applications and registrations, and issues an examination opinion. The trademark applicant must respond within 30 days after receiving the examination opinion. Once all deficiencies have been overcome, INPI will issue a trademark registration certificate. Since 2014, Argentina has implemented the issuance of electronic trademark certificates.

6. Documents required for trademark change/transfer

  • The transfer agreement and its Spanish translation, as well as the notarized affidavit of the translator, need to be notarized and certified;
  • Proof of name/address change must be notarized and certified
  • Power of attorney, original copy and notarized translator’s affidavit, which must be notarized and certified

7. Trademark cancellation

  • A registered trademark that has not been used for five consecutive years may be revoked. Mid-Term Declarations of Use (MTDoU) must be submitted between the 5th and 6th years of trademark registration. Otherwise, fines will be imposed for each year overdue. Failure to submit an affidavit of trademark use will be deemed as non-use of the trademark, and Argentina Trademark has the right to cancel the trademark ex officio. If a sworn statement of trademark use is not submitted in a timely manner, a request for trademark renewal will not be made.
  • A request to cancel an Argentine trademark must be filed with the Trademark Office, and a request for trademark invalidation must be filed with the Buenos Aires Federal Court.

8. Trademark objections

  • The opposition period is within 30 days after the trademark is announced. Anyone can file an objection request against the announced trademark. This period cannot be extended.
  • INPI gives the objection requester three months to reach an agreement with the other party. If an agreement is reached, the objection request can be withdrawn. If the objection is finally approved by INPI, the objection requester will need to pay the formal objection fee and the objection procedure will officially begin.

9. Authorization, validity period and trademark renewal

  • The trademark registration period in Argentina is 10 years, starting from the date of authorization. Renewal requests must be submitted no later than 6 months before the term expires, there is a 6-month grace period, and late fees apply.

10. Average time for trademark authorization

  • If the registration goes smoothly, the average time for trademark registration in Argentina is 12-24 months.

11. Other matters needing attention

  • In 2007, Argentina established a customs alert system aimed at taking effective action against infringements of intellectual property rights. The procedure of this system is as follows: First, the right holder registers and files the infringing trademark with the customs. Subsequently, all imported goods bearing the registered trademark will be automatically blocked for three days, during which the rights holder can check whether the goods are genuine before being released by customs. In addition, rights holders can exclude certain importers from the automatic blocking system by providing the necessary information to customs.
  • In Argentina, although parallel imports of genuine goods are not considered trademark infringement, it may constitute a breach of contract in the country of origin of the goods. This in turn could provide justification for preventing their import into the country.