Read below to learn about the step by step process on filing a Trademark application in Argentina.
To file a trademark in Argentina, it must be processed 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).
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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.
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: Deciding on your Mark.
It is important for the business to determine all the characteristics of the mark. Such as, the Format of the mark, identifying what goods or services will be using the trademark and availability of the mark.
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Step 2: The application forms and payment.
Prepare, file and submit the Trademark Application forms Online.
Step 3: Formal Examination
Once the application is filed the INPI checks the compliance of formal requirements such as the mark information, payment of filing fees and products/services detailed for the classification.
Step 4: Publication and Opposition
The trademark application is published in the Trademark Bulletin. Third parties have the opportunity to file a case of opposition. If no oppositions were presented, the mark continues on through the next steps.
Step 5: Substantive Examination
The substantive examination checks that there are no similar or equal antecedents to distinguish the same products or services, and that the trademark does not fall under any of the limitations or prohibitions of the Law. If the examination is successful, it passes to the granting instance. If it is not, this gives the applicant the possibility to amend or explain what he considers necessary to resolve the granting of the mark.
Step 6: Approval or Denial
Once your application has gone through the examination process, the INPI issues a resolution of grant -or denial- of the application. Once the trademark is granted, it is valid for 10 years upon registration date.
Also, you may need to file a patent in Argentina
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.
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.
