Argentina is a country known for its diverse economy and growth in the technology and creative sectors. This system not only ensures fair trade but also promotes development and innovation within the country. Let’s learn about trademark registration in Argentina through the following article of Viet An Law.
Legal basis
- 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.
Some questions regarding trademark 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.
Trademark registration in Argentina of Viet An Law service
- Consulting Vietnamese individuals, businesses and organizations wishing to register trademarks in Argentina.
- Advising foreign individuals and enterprises wishing to register trademarks in Argentina.
- Advice on how to file a trademark application in Argentina: advise on how to establish trademark rights in countries around the world because depending on the laws of each country the rights to trademarks arise through registration or use of trademarks.
- Evaluate the validity of the trademark registration certificate and the possibility of infringement of trademark rights in Argentina.
- Enforcing trademark rights under protection: investigation, supervision, negotiation, mediation, litigation or requesting other authorities to handle infringement in Argentina.
If you wish to file an application for trademark registration in Argentina, please contact Viet An Law for the most effective support.