A Trademark protection in Argentina can be obtained through registration, by filing an application before the Argentinean Intellectual Property Office (INPI). The owner of the registration will have an exclusive right to the use of the trademark. The first-to-file system is adopted by the Law of Trademarks and Designations N° 22.362 (and Implementing Regulations).
For foreign applicants, it is necessary to perform trademark prosecution in Argentina through a registered Argentine trademark agent.
This is under the law Nº 22.362 of December 26th, 1980, effective February 1st., 1981 and Implementing Regulations 558/81, 1141/03.
What is a trademark in Argentina?
It may be registered as a trademark any sign capable of distinguishing goods or services, such as one or more words, with or without meaning; drawings; emblems; monograms; engravings; stampings; seals; images; bands; combinations of colors applied to a particular place on the goods or their packaging; wrappers; containers; combinations of letters and numbers; letters and numbers insofar as they concern a special design thereof; advertising phrases, relieves, etc.
There are also some restrictions on what can be considered applicable. You can get in touch with us and we can help you with the restrictions and we can proceed with a search free of charge. Click here to initiate the search
How to file a trademark and the requirements for Argentina?
A trademark application in Argentina must contain at least the following:
- TM information
- Complete name and address of the applicant(s);
- Particulars of a mark
- Class/es in which the trademark application is to be filed: specifications of goods/services to be covered.
- Documents required
- Power of Attorney: signed by the applicant or an authorized officer of the applicant company; the signature must be notarized by a Notary Public and Consular legalization or “Apostille” is required -Argentina is a member of the Hague Convention, which allows the exemption of foreign documents from consular legalization.
- Certified copy of the Priority Document: if priority is claimed, a copy of the first filed foreign application notarized.
- Sworn translation of documents into Spanish: our in-house translators can assist you.
Check out how to file a patent in Argentina.
How is the process of filing a Trademark in Argentina?
Once the trademark application is filed and if the Trademark Office finds the formal requirements are fulfilled, its official publication for oppositions is ordered; within 30 days after such publication, said Office will determine the existence of previous similar trademarks. If neither oppositions are filed nor confusingly similar prior records or other absolute grounds for rejection are found, registration is granted.
Duration of the procedure:
The processing time from the first filing to registration is approximately 18 months in the case of a smooth registration procedure.
Grant, validity term and maintenance fees
The term of a registered trademark in Argentina is ten years from the date of registration, renewable an unlimited number of times every ten years. A renewal application should be filed 6 months before the expiration date or 6 months after the expiration date provided that the corresponding surcharge is paid. In addition, the applicant must submit a Sworn Declaration of Use stating that the mark has been used in Argentina within the five-year period preceding the expiration date.
International treaties
Paris Convention of March 20th, 1883, as amended in Stockholm on July 14, 1967. GATT TRIPS (Law 24.425).
Argentina only accepts single-class trademark applications.
Representation by a Intellectual Property Agent
For foreign applicants, it is necessary to perform trademark prosecution in Argentina through an agent, a registered Argentine trademark attorney.
Consular legalization or “Apostille” is required. Argentina is a member of the Hague Convention which deals with the exemption of foreign documents from consular legalization. Consequently, the public documents to be sent to Argentina from other countries which have also adhered to this Agreement shall include an “Apostille” instead of the consular legalization.
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client
Goytia & Associates has local offices in Argentina and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
Do you need to file a Trademark from another country other than Argentina?
This content may suffer modifications due to updates in the official regulations of Argentina.
