Why and how to register a trademark in Argentina

In order for a trademark to be recognized and protected in Argentina, it necessarily has to be registered. Prior use of a trademark will not allocate rights, as these are granted solely upon successful registration. In Argentina, trademarks are registered through the National Institute of Industrial Property (INPI).

To register a trademark in this country, the applicant will not have to declare or provide evidence that the mark is actually being used in the market place.

If you register a combined trademark (which includes both word elements and figurative elements) in Argentina, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately. However, if the elements of the trademark separately are distinctive enough, the trademark office may refuse subsequent applications made by third parties that are identical or considerable similar to these.

Furthermore, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Opposition actions against trademark applications have to be presented within thirty (30) days from the date in which it is published in the local gazette. Probabilities of success for an opposition will vary in each case depending on the circumstances.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Argentina (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

A registered trademark in Argentina will be granted protection for a period of ten (10) years, term that will be counted from the date on which it is successfully registered. A trademark can then be renewed for subsequent ten-year periods indefinitely. In order to renew a trademark, a request must be made within 60 days before its expiry date.

Please be advised that third parties may present cancellation actions against registered trademarks that are not being used. In order to prevent this, trademarks should be used within five (5) years from being registered. 

Once the trademark has registered, the trademarks office will issue a digital certificate of registration. No hard copy of this certificate is issued.

 

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