A trademark is a distinctive sign, symbol or expression used to identify the products or services of a company from those of another. It guarantees the genuineness of the product of service, and gives its holder the legal rights to avoid their trademark’s unauthorized use.
- It is the only way of obtaining rights to the trademark.
- It provides national and/or local protection.
- It allows to demonstrate ownership of the trademark.
- It helps to discourage other people from using the trademark unlawfully.
- Trademarks allow your business to effectively utilize the social media and make your customers find you easily.
- If anyone uses your registered trademark, he/she will be presumed to be a willful infringer, and registering a trademark confers the ability to recover monetary damages as a result of the infringement.
- If you don’t register your trademark and someone else registers a trademark very similar to yours, you’ll have to change its name and spend a lot of money changing advertising. It’s also possible that you lose customers.
- Words
- Names
- Devices
- Certain three-dimensional shapes
- Colors
- Slogans
- Sounds
- Smells (olfactory trademarks)
- Motion
- Touch
Trademark protection in Argentina lasts 10 years from the granting date and can be renewed indefinitely every 10 years. A renewal application must be filed within 60 days before expiration date.
The approximate time from application to registration (for a prosecution without an opposition) is 14 to 18 months.
An application is published for opposition purposes after formal examination of the application. The opposition period begins the day after the publication of the application and ends 30 days after publication of the application.
Average Time from filing to publication | 4.3 months |
Average Time from publication to granting | 9.2 months |
Average Time to get the certificate | 22 days |
Total time | 14.3 months |
- Name and address of the applicant.
- State or country of incorporation.
- Trademark description.
- List of goods or services provided.
- Trademark representation.
- Power of attorney.
- Official filing fee.
In Argentina the Power of Attorney must be:
- Signed.
- Notarized.
- Apostilled.
- Scanned to us.
- Sent to the PTO (physical document).
Actual use is not required for application in Argentina
- Joint applicants are permitted in Argentina.
- Local address for service must be provided (even if the applicant is not domiciled in this jurisdiction).
- The list of goods and services may specify “all the goods” or “all the services” of the relevant class(es).
- All documents must be translated into Spanish by an Argentine official translator.
- All signed documents must be apostilled.
- Argentina uses the Nice Classification System.
- In Argentina, the type of registration available is national.
- Argentina is a member of the Paris Convention, the Nairobi Treaty and the Nice Agreement.
- Argentina is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.
- European Union Trade Mark registration is not effective in Argentina.
- Multinational regional registrations are not available in Argentina.
- Applications can be filed online, in person or by mail.
If your trademark has been successfully registered and it is time for you to renew it, you can start the procedure six months before the expiration date.
If you do not renew on time, you will need to file a complete new application.
Once renewed, it will be valid for another ten-year period starting from the previous expiration date.
Trademark renewal requirements:
- Name and address of the applicant.
- State or country of incorporation.
- Trademark description.
- List of goods or services provided.
- Power of Attorney.
- Trademark registration number.
- Date of registration.
- Statement of trademark use.
- Legal entity: statement of powers of the signatory.
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Dealing with foreign associates could be very frustrating. BR is always available to reply my emails and phone calls
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Managing applications in different countries it is a lot of work. With BR I reduce the work load and I can spend more time on more important matters. I am overall more productiveAdam, IP in house counsel
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