Trademark registration in Argentina

Argentina, a beautiful country in the south of the Americas, is not only famous for its diverse culture but also a potential market for international business. For entrepreneurs and business owners, trademark registration in Argentina is not only an important procedure to protect intellectual property rights, but also an opportunity to engage with the growing local market. In this article, Viet An Law Firmwill guide you preliminarily on the procedure for trademark registration in Argentina.

Legal basis

• Decree No. 242/2019 of April 1, 2019, on the Approval of Decree No. 22.362 of December 26, 1980, on Trademarks and Geographical Indications;
• Law No. 22.362 of January 2, 1981, on Trademarks and Geographical Indications (amended to Law No. 27.444 of June 18, 2018).

General overview of trademarks in Argentina

What is a trademark?

A trademark is a distinctive mark that manufacturers, traders, or suppliers of products or services use to distinguish their products or services in the market.

What is the function of a trademark?

The primary function of a trademark is to allow consumers to identify an individual or company’s products or services, in order to distinguish them from those of competitors. Consumers who are satisfied with specific products or services are more likely to buy or use them again. Often, consumers become attached to specific brands based on their preference for a range of qualities or characteristics that belong to their product or service. To do this, the most essential thing is to make them stand out in the market. By allowing companies to be differentiated from others and products or services from those of competitors, trademarks play a major role in development and marketing strategies, as they help reflect the image and reputation of a company’s product or service in front of consumers. Finally, trademarks motivate companies to invest in maintaining and improving the quality of their products or services to ensure a good reputation, associated with a particular name.

Signs that are not supposed to be trademarks

• Names, words and symbols that are necessary or regular designations of products or services should distinguish, or describe their properties, functions, qualities or characteristics.
• Names, words, logos and promotional sentences that became popular before being offered to register.
• A trademark that is identical or similar to a previously registered or proposed trademark to distinguish the same type of product or service.
• National or foreign origin identifiers. A designation of origin is understood as the name of a particular country, region, place or geographical area used to designate a product from which it originates and has exclusive qualities and characteristics due to geographical conditions. Also considered is the designation of origin if it relates to a specific geographical area for the purpose of certain products.
• Brands that are likely to cause confusion as to the nature, characteristics, country, price or other characteristics of the product or service need to be distinguished.
• Other words, images, and symbols are opposed to morality and good customs.
• Letters, words, names, symbols and symbols used or to be used by States, provinces, cities, religious and medical organizations. The letters, words or names used by foreign countries and organizations are internationally recognized by the Argentine Government.
• Name, nickname or image of a person without their consent or that of their heirs (up to the fourth level).
• Naming activities, including names and social reasons, descriptions of an activity, to distinguish products are not registered. However, abbreviated symbols, words and other distinguishable symbols, when part of them, can be registered to distinguish a product or service.

Trademark registration documents in Argentina

• Declaration of trademark registration: The application must include the following information:
  • Name and address of the trademark owner.
  • Trademark description.
  • A list of goods or services for which the trademark will be used.
  • The date and place where the trademark was first used.
  • Subscription fee.
• A valid copy of your proof of identity:
  • If the trademark owner is an individual, a valid copy of the identity card or passport should be submitted.
  • If the trademark owner is a business, a valid copy of the business registration certificate needs to be submitted.
• Trademark templates
• Power of attorney (if any in case the applicant submits an application through a representative organization)

How to file for trademark registration in Argentina

To file for trademark protection in Argentina, you can file using the following filing methods:

• Direct submission: You can come directly to the office of the Argentine Intellectual Property Office at Paseo Colón 717 C.P. 1063 Buenos Aires to submit the application and related documents.
• By Post: You can send your application and all necessary documents through postal or courier services to the address of the Argentine Intellectual Property Office.
• Submit online via website: https://portaltramites.inpi.gob.ar/ . Please note that you need to create an account to submit your application and pay attention to the payment of the relevant fee in accordance with the instructions of the Argentine Intellectual Property Office.

Trademark registration fees in Argentina

The fee for registering a trademark in Argentina depends on several factors, including:

• Trademark type: Argentina only accepts trademark applications for goods/services.
• Number of classes of goods/services: Each class of goods/services the applicant wants to protect will have its own fee.

Below is a table of estimates of trademark registration fees in Argentina:

Process of handling trademark registration procedures in Argentina

The process of registering a trademark in Argentina consists of the following steps:

Formal appraisal

INPI will consider whether the applicant’s application is fully informed and meets the form requirements. If the applicant’s application is valid, INPI will conduct a content review.

Content appraisal

INPI will consider whether the applicant’s mark meets the requirements for uniqueness and distinguishability. If the applicant’s trademark meets the requirements, INPI will publish the application in the Argentina Trademark Gazette.

Protest stage

Any third party may object to the registration of the trademark by the applicant within 30 days of publication. If there is an objection, the applicant will be responded to and his rights protected.

Grant/Rejection Decision

After considering all the information, INPI will make a decision to grant or reject the applicant’s trademark registration. If issued, the applicant will receive a Trademark Registration Certificate.

The total time to process a trademark application in Argentina can take up to 24 months.

Trademark registration service in Argentina of Viet An Law Firm

• Perform the search and notify customers in writing the results of trademark search in Argentina;
• Draft the dossier and directly file and monitor the status of the trademark application filed in Argentina on behalf of the trademark owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Argentina;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Argentina.
• Receive dispatches, certificates and hand over to customers (if any).

If customers want to file a trademark application in Argentina, please contact Viet An Law Firm for the most effective support.