To file a trademark in Argentina, you must submit your application to the Argentinean Intellectual Property Office (INPI). Once registered, the trademark grants the owner the exclusive right to use it. The Law of Trademarks and Designations N° 22.362 (and its Implementing Regulations) adopts a first-to-file system.
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What is a Trademark in Argentina?
What is the Step by step process for a trademark application in Argentina?
Step by Step process for a trademark application in Argentina
Step 1: Decide on Your Mark
Define all characteristics of your mark, including its format, the goods or services it will cover, and whether the mark is available.
We recommend conducting a free availability search. [Click here]
Step 2: File the Application and Pay the Fees
Prepare, complete, and submit the trademark application forms online. Be sure to pay the corresponding filing fees.
Step 3: Undergo Formal Examination
After submission, INPI reviews your application to ensure it meets formal requirements, such as accurate mark information, proof of fee payment, and proper classification of goods or services.
Step 4: Publish the Application and Address Oppositions
INPI publishes your trademark application in the Trademark Bulletin. Third parties may file oppositions during this stage. If no one files an opposition, your application proceeds to the next phase.
Step 5: Complete Substantive Examination
INPI examines your application to confirm that no identical or confusingly similar trademarks exist for the same goods or services. They also verify compliance with legal restrictions. If your application passes, it proceeds to the grant phase. If not, you may submit clarifications or amendments to address any objections.
Step 6: Receive Approval or Denial
After the examination process, INPI issues a resolution either granting or denying your application. If granted, your trademark remains valid for 10 years from the registration date.
Also, you may need to file a patent in Argentina
Duration of the Procedure
Typically, the registration process takes approximately 18 months from the initial filing, assuming there are no complications during the procedure.
Grant, Validity Term, and Maintenance Fees
Once granted, the trademark remains valid for ten years from the registration date. Moreover, the trademark owner may renew it indefinitely every ten years. To maintain the registration, the applicant must file a renewal application either up to six months before or within six months after the expiration date. In the latter case, the applicant must also pay a corresponding surcharge.
Additionally, the applicant must submit a Sworn Declaration of Use, confirming that they used the mark in Argentina during the five-year period leading up to the expiration date.
Goytia & Associates has local offices in Buenos Aires 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 Patent from another country other than in Argentina?
This content may suffer modifications due to updates in the official regulations of Mexico.
