Trademark Search in Argentina

Please find below tutorial on how to perform a trademark search directly with Argentine Trademark Office

Class Numbers

Trademark Status

Search Mode

Trademark Class Search
Frequently Asked Question
Is there a time frame for filing for a trademark registration?

It takes an average of 14 months to complete the application to registration process.

If I register my trademark in Argentina, do I have protection in other territories?

Registered trademarks in Argentina are protected only within the territories of Argentina.

Do I need to sign a Power of Attorney?

Yes. To complete the application, a signed Power of Attorney is required.

Are there any benefits from a pre-filing use of the trademark?

There are no benefits that can be obtained from pre-filing use of a trademark.

Will there be problems in case I don’t use my trademark after registration?

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.

What are the types of trademark that can be registered in Argentina?

Registrable marks include:

  • Words,
  • Sounds,
  • Names,
  • Smells,
  • Devices
  • Shapes with 3 dimensions
  • Touch
  • Motion
  • Colours
  • Slogans
What are the phases of application after a trademark has been filed in Argentina?

There are 4 major phases of trademark application in Argentina:

  1. The application will be examined if all requirements are met and will also be checked if the good/service falls under the appropriate class
  2. The application details will be made accessible to public via publication and online.
  3. The application will be examined if there are any conflicts with earlier registrations
  4. The application will be granted after it passed all the requirements and oppositions are overcome
What type of trademark is not registrable?

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
Does Argentina use the "Nice Classification" system?

Yes. Argentina uses the Nice Classification System.

Does the Community Trademark apply for Argentina?

No. Community Trademark does not take effect in Argentina.

Is there any possibility to claim priority 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
What do I need to do to satisfy the use requirement?

Use the trademark for commercial purposes within 5 years after it was registered. Use must happen within the jurisdiction of Argentina.

Once my trademark has been registered, for how many years will be valid?

Registered trademarks are initially valid for 10 years beginning on the registration date.

What will be the renewal date of my trademark?

The first renewal will take place 10 years from the date of registration grant.

Is it legal to use my trademark even if it is not yet registered?

Yes. You may legally use a trademark for goods and services even if it’s not yet registered.

Does having a registered trademark in Argentina give me any right?

Exclusive right to use and validity of ownership are obtained only through registration of trademark.

What is the web address of the trademark national office?

Visit Argentina’s trademark national office online by following this web address: www.inpi.gov.artvm

Is there any need to use my trademark before I apply for registration?

Actual use or intent to use is not mandatory for registration.

Can a Trademark Application be opposed?

Yes.  Applications can be opposed on the following grounds:

  • Mark is functional, misleading, descriptive, disparaging, generic and/or deceptive
  • Mark has violated proprietary right, copyright and/or design right
  • Mark has violated rights under Article 6bis of the Paris Convention, Article 6ter of the Paris Convention, Article 6septies of the Paris Convention, and Article 8 of the Paris Convention
  • Mark has violated right to personal name
  • Mark has violated principles of morality
  • Mark is against public policy
  • Mark is lacking in originality
  • Mark has included a name of country, state, region or any geographical area (Denomination of Origin)
Who can contest my trademark registration?

Interested parties particularly owners of an earlier right may oppose a trademark registration.

Is it possible to cancel a registration?

Yes. A registration can be cancelled on the following grounds:

  • Violation of proprietary rights, design rights and/or copyright
  • Violation of rights under Articles 6bis, 6ter, 6septies, and Article 8 of the Paris Convention
  • Violation of personal name right
  • Mark is generic, functional, disparaging, deceptive, misleading and/or descriptive
  • Mark is lacking in distinctiveness
  • Violation of principles of moral, public order or public policy,
  • Unmet requirements under Section VIII.A. Use Requirements
  • Registration under bad faith
  • Inclusion of a geographical name in the mark
Are there any rights established by having a registered trademark?

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 
How long is the opposition period?

The opposition phase will start a day after the application was published and will end 30 days later.

Is Argentina a member of the Madrid System?

No. Argentina is not a member of the Madrid Agreement or Madrid Protocol.

Do I need to present periodic statement of use?

Yes. Periodic statements of use and a sworn statement of use are required.

When should I renew my trademark?

Renewals take place every 10 years from the date of registration or last renewal date.

What will be the renewal date of my trademark?

The first renewal will take place 10 years from the date of registration grant.

Is there any documentation that should be presented when renewing a trademark?

A declaration of use and a power of attorney are mandatory for trademark renewals.

If my trademark expires, do I have a grace period?

No grace period is available for expired trademarks.

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