Trademark Search in Argentina

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

Tutorial
In order to perform a Trademark Search in Argentina, please follow these steps:

1. Go to “Argentinean Trademark Office” website, the direct link is https://goo.gl/fCYxRI 

2. The page that opens is in Spanish, please check the screenshot to the left, it contains the search filters that the search allows. The translations of the texts are as follows:
 
  • A = This is the "Status" of the trademark, "Todas" means "All. If you want to search only for registered ones, please select "Concedidas".
  • B = This is the class number of your trademark; we recommend that you use our tool that is in english https://goo.gl/67e4vf
  • C = If you want to perform a trademark search by name, enter here the trademark name you want to search. "Empieza con" means "Start With", "Contiene" means "Contains".
  • D = If you want to perform a trademark search by owner, enter here the owner name. "Empieza con" means "Start With", "Contiene" means "Contains".
  • E = This is a filter to define the date in which the trademark was filed
  • F = This is a filter to define the date in which the trademark changed from status.
  • G = This checkbox enable us to search only for "Active" trademarks, that is, "In process" or "Registered".
  • H = In this section you can search for trademarks that have been filed a renewal application.
Once you have filled up needed filters, you must click in the button "Buscar" which means "Search".

Please notice that this search engine usually is very slow, but it is the official source for registered trademarks in Argentina.

If you want a local Argentinan trademark attorney to perform a comprehensive search of your trademark and also give you an opinion about registration’s possibilities in this country, please order a Trademark Comprehensive Study in Argentina.

If you are certain about your registration probabilities in Argentina, start your Trademark Registration in Argentina.
Frequently Asked Question
If my trademark expires, do I have a grace period?

No grace period is available for expired trademarks.

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.

What will be the renewal date of my trademark?

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

When should I renew my trademark?

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

Do I need to present periodic statement of use?

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

Is Argentina a member of the Madrid System?

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

How long is the opposition period?

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

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 
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
Who can contest my trademark registration?

Interested parties particularly owners of an earlier right may oppose a trademark 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)
Is there any need to use my trademark before I apply for registration?

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

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

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.

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.

What will be the renewal date of my trademark?

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

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 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.

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
Does the Community Trademark apply for Argentina?

No. Community Trademark does not take effect in Argentina.

Does Argentina use the "Nice Classification" system?

Yes. Argentina uses the Nice Classification System.

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
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 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
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.

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.

Do I need to sign a Power of Attorney?

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

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.

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.

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