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The average time frame for the registration approval is 24 months, if no objections or oppositions arise.
Registered trademarks in Argentina are protected only within the territories of Argentina.
Yes. To complete the application, a signed Power of Attorney is required.
There are no benefits that can be obtained from pre-filing use of a trademark.
Yes. The owner of a registered trademark may face cancellation issues if the mark was not used within 5 years from the date of registration.
Registrable marks include:
- Words,
- Sounds,
- Names,
- Smells,
- Devices
- Shapes with 3 dimensions
- Touch
- Motion
- Colours
- Slogans
There are 4 major phases of trademark application in Argentina:
- The application will be examined if all requirements are met and will also be checked if the good/service falls under the appropriate class
- The application details will be made accessible to public via publication and online.
- The application will be examined if there are any conflicts with earlier registrations
- The application will be granted after it passed all the requirements and oppositions are overcome
The following marks are prohibited for registration:
- Generic words/terms
- Marks that contradict morality or public order
- Marks that include a name, flag or symbol of any state, region, nation or international institution
- Marks that do not show distinctiveness
Yes. Argentina uses the Nice Classification System.
No. Community Trademark does not take effect in Argentina.
Yes, applicants may claim priority provided the following conditions are met:
- The applicant’s home country is a Paris Convention signatory
- The application was filed 6 months prior to application in Argentina
- The applicant’s home country is a World Trade Organization (WTO) member
The trademark must be used in Argentina before the 5th year from the registration date. Between the 5th and 6th year from the registration date a Declaration of use must be submitted.
Registered trademarks are initially valid for 10 years beginning on the registration date.
The first renewal will take place 10 years from the date of registration grant.
Yes. You may legally use a trademark for goods and services even if it’s not yet registered.
Exclusive right to use and validity of ownership are obtained only through registration of trademark.
Visit Argentina’s trademark national office online by following this web address: www.inpi.gov.artvm
Use is not mandatory to apply for a trademark in Argentina, but it must be in use before the 5th year from the registration date.
Yes. Applications can be opposed on the following grounds:
- The mark is functional, misleading, descriptive, disparaging, generic and/or deceptive
- The mark has violated proprietary right, copyright and/or design right
- The mark has violated rights under Paris Convention articles
- The mark has violated right to personal name
- The mark has violated principles of morality
- The mark is against public policy
- The mark is lacking in originality
- The mark has included a name of country, state, region or any geographical area (Denomination of Origin)
Interested parties particularly owners of an earlier right may oppose a trademark registration.
Yes. A registration can be cancelled on the following grounds:
- Violation of proprietary rights, design rights and/or copyright
- Violation of rights under Paris Convention articles
- Violation of personal name right
- The mark is generic, functional, disparaging, deceptive, misleading and/or descriptive
- The mark is lacking in distinctiveness
- Violation of principles of moral, public order or public policy,
- Unmet use requirements
- Registration under bad faith
- Inclusion of a geographical name in the mark
Owners of registered trademarks obtain the:
- Right to use the trademark exclusively
- Right to contest later conflicting applications
- Right to request for the cancellation of later conflicting registrations
- Right to take legal action against infringing parties
- Right to accept compensation or damages for infringement
- Right to share license with third parties to use the registered mark
- Right to request for seizure or confiscation of counterfeit goods
The opposition phase will start a day after the application was published and will end 30 days later.
No. Argentina is not a member of the Madrid Agreement or Madrid Protocol.
Yes. Periodic statements of use and a sworn statement of use are required.
Renewals take place every 10 years from the date of registration or last renewal date.
The first renewal will take place 10 years from the date of registration grant.
A declaration of use and a power of attorney are mandatory for trademark renewals.
No grace period is available for expired trademarks.