Argentina is a country known for its diverse economy and growth in the technology and creative sectors. In particular, trademark and patent registration fees play an important role in protecting the intellectual property rights of businesses and individuals here. This system not only ensures fair trade but also promotes development and innovation within the country. Let’s learn about the fees for trademark and patent registration in Argentina through the following article of Viet An Law.
- Law on Patents for Inventions and Utility Models 1995, last revised in 2018.
- Law on Trademark and Designations 1980, last revised in 2018.
According to data provided by Argentine intellectual property representative:
- Trademark registration fee for one group: 150 USD.
- Trademark registration fee from the 2nd group or more: 130 USD/ each additional group.
Trademark registration dossier in Argentina
Documents for trademark registration in Argentina needs to be prepared, including:
- Trademark application, including basic information about the name and address of the owner, logo or brand name, product category and/or service related to the mark
- Power of Attorney for the intellectual property representative organization to carry out the trademark registration procedure.
- Consular legalization copies of the preferred application(s) (if applicable), along with an sworn Spanish translation.
- Other required documents.
Trademark registration process in Argentina
To register a trademark in Argentina, you need to follow these steps:
- Trademark search: done before proceeding with the registration to ensure that the sample of the mark intended for registration has not been used by any other company and does not infringe the trademark rights of other owners.
- Prepare documents as required.
- File a trademark application with the Argentine Intellectual Property Office (Instituto Nacional de la Propiedad Industrial – INPI).
- Examination: The Argentine National Office of Intellectual Property will check the application to ensure its validity and eligibility, and issue a notice requesting adjustment in case the application is incomplete.
- Registration and publication: After the application is accepted and carefully reviewed, the INPI will register and publish information about the mark in the public register for comments. protest; within 30 days of such publication, INPI said it would determine the existence of similar marks in the past.
- Granting of protection title: If no objection has been filed and no previous trademark registrations that are confusingly similar or otherwise absolute grounds for refusal, then A certificate of trademark registration will be issued.
Application processing time: about 18 months from the date of receiving complete and valid dossiers.
The term of protection of a trademark registered in Argentina is 10 years from the date of registration, renewable for an unlimited number of times every 10 years. The renewal application must be submitted 6 months before the expiration date or 6 months after the expiration date provided that the respective surcharge is payable. In addition, the applicant must submit an Oath of Use Statement stating that the trademark has been used in Argentina for a period of 5 years prior to the expiration date.
Patent registration in Argentina
Patent registration fee in Argentina
Currently, the fee for patenting a patent or utility solution (up to 10 claims) offered by some Argentine intellectual property representative is $5500.
Patent filings in Argentina
An invention registration dossier must include the following documents:
- Patent application, including the following information:
- The full name and address of the applicant, whether an individual or a company;
- Names and addresses of inventors.
- Patent specifications, containing the title of the invention and description.
- Document proving the novelty of the invention.
- Drawing of invention (if any).
- An abstract of an invention.
- Data relating to microbiological deposits (deposit date, country and name of the Depositor). A certificate of microbiological depository (the original or a copy signed by the legal representative) shall be submitted within ninety (90) days from the date of application.
- Power of attorney for intellectual property representative in Argentina, duly signed by the applicant within forty (40) working days from the date of filing.
- A Priority Right assignment document, signed before or on the date of filing in Argentina, is required in cases where the Argentinian applicant is not mentioned in the priority document. No need for consular legalization, filed within ninety (90) days from the date of application
- Consular legalization copies of the preferred application(s), along with an Spanish translation with sworn, submitted within ninety (90) days of application. The deadline for filing a patent application in Argentina claiming priority is 12 months from the priority date. INPI may request original documents at the application review stage.
Patent registration process in Argentina
- Submit a patent application at INPI;
- Preliminary examination: the formality review determines that the information on the forms is complete and appropriate, and the summary submitted accurately describes the patented invention. The official profile after editing (if any) will be reviewed later.
- Publication of patent application: After 18 months, the application is published in the Patent Gazette. From that point on, anyone can access the contents of the application and submit complaints and recommendations within 60 days of publication.
- Examination: the deadline for payment of appraisal fees is 18 months from the date of application submission. Patent examiners conduct searches in national and international databases to determine if the application meets the patentability requirements.
Duration: on average 4 to 5 years for inventions, 3 years for utility solutions.
Patent protection in Argentina is valid for 20 years from the date of filing. Maintenance fees must be paid after the patent is issued starting from the 3rd (third) year from the filing date.
Some questions regarding trademark and patent registration in Argentina
How can Vietnamese people register a trademark in Argentina?
For foreign applicants, Argentine law is similar to Vietnamese law, which stipulates that they must apply through an intellectual property representative legally registered in Argentina to carry out the application procedure.
The applicant will carry out the trademark registration procedure at the Argentine Intellectual Property Office (INPI), the state agency under the Ministry of Production responsible for receiving and processing protection requests. Industrial property. Current applicat can submit dossier through:
- Online portal;
- By post;
- Apply directly at INPI. The procedure will not be considered received until payment of the respective fee has been made.
Is Argentina a member of the PCT Patent Cooperation Treaty?
Argentina is not a member of the PCT; therefore, the delay allowed under the application procedure at the country stage under the PCT does not apply. Applications may be filed under the Paris Convention within 12 months from the priority date.
If you wish to file an application or learn more about the fees for trademark and patent registration in Argentina, please contact Viet An Law for the most effective support.