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Latest News: 09-20-2017 (Newsletter Issue 16/17)
Official Fees Increase
The National Institute of Industrial Property (INPI), by means of Resolution 311 E/2017 of July 18, 2017, as amended by Resolution 317-E/2017, implemented a significant, two-phase increase in trademark and other industrial property fees. The total increase in trademark fees amounts to approximately 40% average.

The first phase came into force on August 1, 2017, and the second phase will be effective as of October 1, 2017. For example, the renewal fees have increased from ARS 1,500 to ARS 1.950 as of August 1, 2017, and will increase again to ARS 2,100 as of October 1, 2017.

Some of the fees will not be increased again in the second phase. For example, the fee for filing a trademark application has increased from ARS 1,200 to ARS 1,700 as of August 1, 2017 and will not be increased in October.

Source: O'Conor & Power, Argentina and Estudio Gold, Buenos Aires, Argentina as contributor and Estudio Chaloupka, Buenos Aires, Argentina as verifier, INTA Bulletin, Sept. 1, 2017 of Vol. 72, No. 15


08-30-2016 (Newsletter Issue 15/16)
Official Fees Increased
The Argentine Patent and Trademark Office has increased the official fees. It is a gradual two-step approach. The first increase became effective on August 18, 2016, while a second increase is scheduled to become effective on October 1, 2016.

The new official trademark filing fee is ARS 1,000 per class. There are no special fees for additional classes. The publication fee is already included in the filing fee as long as the trademarks are not larger than 6 cm x 6 cm.
As of October 1, 2016, the official trademark filing fee will be ARS 1,200 per class.

Source: Marval O'Farrell & Mairal, Argentina


02-17-2016 (Newsletter Issue 3/16)
Mediation Law for Trademark Matters Amended
On December 21, 2015, the Argentine Congress passed Law No. 27.222, which will become effective on March 22, 2016. This new law amends Section 18 of the Mediation Law No. 26.589, and sections 16 and 17 of the Trademark Law No. 22.362.

According to the Argentine trademark legislation, an opposition automatically blocks the progress of the opposed application, and the applicant is granted a one-year term (counted as of the date on which he is served notice of the oppositions filed against his mark), to negotiate withdrawal of the complaints raised against his mark. In the absence of an amicable agreement, and in order to avoid the abandonment of his mark, the applicant should seek dismissal of the complaint through a court decision, but should before exhaust mandatory mediation proceedings.

Prior to the passing of this new law, the applicant was able to suspend the one-year term and thus prevent the abandonment of his mark as of the date on which he initiated mediation proceedings against an opponent, which may well be the day before expiration of the one-year term.

In practice, this implied that completion of the mediation stage might occur well after expiration of the one-year term. As of March 22, 2016, pursuant to this new law, failure to obtain withdrawal of the complaint, or to else bring a court action against the opponent within the one-year term will result in the lapsing of the trademark application. The effect of this amended procedure is that the initiation of mediation does no longer suspend the one-year term granted to the applicant to overcome the oppositions raised against his marks.

Consequently, before expiration of the one-year term, the applicant must either inform the Trademark authorities that withdrawal of the opposition filed against his mark was obtained during negotiations with the opponent, or else complete mediation proceedings -and if necessary bring a court action against such opponent-, to obtain dismissal of the opposition through a court decision.

Source: www.marcasurmi.com: Estudio Chaloupka, Argentina


09-02-2015 (Newsletter Issue 13/15)
Official Fees Increased
The Patent Office in Argentina has increased the official fees. According to Resolution 165/2015, published in the Official Bulletin on July 31, 2015, the official fees for services provided by the Argentine PTO have been increased by an average of 15 percent as from August 10, 2015. An additional similar increase will take effect in October 2015.

As from August, the official trademark filing fee will be ARS 690 per class and from October ARS 760.

Source: www.inpi.gov.ar


11-25-2014 (Newsletter Issue 18/14)
INPI Creates a New Registry of Licenses
The National Institute of Industrial Property (INPI), by means of Resolution No. 117/2014 of 9 June 2014, has created a new registry of licenses for patents, trademarks, utility models, industrial models and designs, and technology transfer agreements. The registry will be administered by the Technology Transfer Department of INPI.

Registration of license agreements with the registry is voluntary. A registered license agreement will become enforceable vis-à-vis third parties, and, as from the registration date, any third party will be considered to be aware of the existence of the license agreement.
In accordance with Resolution 117/2014, the registry will be applicable to license agreements executed between local residents as well as between Argentine licensors and foreign licensees. Moreover, the authorities have unofficially clarified that the registry will also be applicable to license agreements executed between foreign residents, although no formal amendment to the Resolution has been issued yet.

The creation of the registry supplements the registration of license agreements under the Technology Transfer Law (Law 22.426 of Mar. 12, 1981), which governs the licensing or transfer of technology, including licensing of trademarks, patents, industrial models and designs, and know-how, only from a foreign resident to an Argentine resident, and which grants a special tax treatment in connection with the payment of royalties.

Source: INTA Bulletin, Vol. 69 No. 21 of 2014. Contributor: Marval, O’Farrell & Mairal, Buenos Aires and verifier: Estudio Gold, Buenos Aires


12-17-2013 (Newsletter Issue 18/13)
Electronic Trademark Certificates
The Argentine Trademark Office (INPI) published disposition M-1292-2013 implementing issuance of electronic Trademark Certificates on 6 November 2013.

The digital Certificate will be issued when logos or images of the marks have been introduced in the official system. Otherwise, the Certificate will still be issued on paper.

The system will inform the applicant or TM Agent of an alphanumeric code which is required to view and download the Certificate. The Certificates will remain available for inspection for the duration of the registration. The authorities understand that this system will reduce the backlog in the issuance of Trademark Certificates, which currently is between six and seven months.

Source: G. Breuer Avocados, Argentina


07-16-2013 (Newsletter Issue 11/13)
Official Fees Increased
As of July 1, the official trademark fees increased in Argentina. The official trademark filing fee is ARS 600 (approx. USD 110) per class. There are no special fees for additional classes. The publication fee is already included in the filing fee as long as the trademarks are not bigger than 6 cm x 6 cm.
If they are bigger than 6 cm x 6 cm up to a third part of the bulletin page, an additional payment must be done. This payment depends on the size and goes from USD 22 to USD 70.

Source: Moeller IP Advisors, Buenos Aires, Argentina and Lauritsen & Asociados, Buenos Aires, Argentina


05-02-2013 (Newsletter Issue 6/13)
Official Fees Increased
The Instituto Nacional de la Propiedad Industrial (INPI) has increased the fees for trademark filings in January, 2013. Currently, the new official trademark filing fees amount to USD 90 (approx.).

Publication fees are included in the filing fee as long as the trademarks are not bigger than 6 cm x 6 cm. If they are bigger than 6 cm x 6 cm up to a third part of the bulletin page, an additional payment must be done. This payment amounts to USD 20 (approx). If the trademark exceeds one third part of the page, the cost is USD 42 (approx).

Source: Rattagan Macchiavello Arocena & Peña Robirosa Abogados, Argentina


01-18-2013 (Newsletter Issue 1/13)
10th Edition of Nice Classification
As from January 1, 2013, the TM Office adopted the 10th Edition of the Nice Classification to distinguish goods and services for the registration of trademarks

Resolution Nr. P-297, taken by the President of the argentinean PTO, was published in the Official Bulletin last December 28th 2012.
It is to be noted, that this adoption includes Version 2013 of the 10th Edition, with titles and explanatory notes according to this latest version.

Other Latin-American countries who adopted the 10th Edition are Brazil, Chile, Colombia, Ecuador, El Salvador, Guatemala, Mexico, Panama, Paraguay, Peru and Uruguay.

Source: Moeller IP Advisors, Argentina


09-02-2012 (Newsletter Issue 13/12)
New Instructions to Examiners
The Instituto Nacional de la Propiedad Industrial (INPI) issued an internal note with instructions to examiners regarding objections based on the classification of goods and services on May 11, 2012.

These instructions state that:
1. If the examiner objects to the entire description of goods or services of a trademark application and the applicant’s response does not meet the examiner’s criterion, the application will be rejected.
2. If the examiner’s objections relate only to some goods or services of an application and the applicant’s response to the objection does not satisfy the examiner’s criterion, the application will continue its prosecution but the goods or services objected to will be excluded ex officio.

Previously, if the applicant’s response to an objection regarding the classification of goods or services was not accepted, the INPI would reject the entire trademark application, even in those cases where the objection applied only to specific goods and services.

The new instructions do not alter the substantive law. Applicants who disagree with a decision rejecting or partially excluding goods and services may still appeal to the INPI and, subsequently, before the Federal Courts.

Source: INTA Bulletin, vol. 67, no. 14, August 1, 2012


01-23-2012 (Newsletter Issue 1/12)
Renewal Period Amended
Recently, the Patent and Trademark Office of Argentina (INPI) published Resolution N° M-1735 in the official Gazette. It establishes a new way of computing the trademarks renewal period.

In the past INPI calculated the term of validity of the registration as from the granting date of the renewal, which in the practice represents a period of time from the expiration of the registration till the issuance of the organism's renewal resolution.

As from January 1, 2012, the trademark's renewal term will be counted from the date of expiration of the trademark duration. The renewals will be counted automatically, for identical and consecutive periods, no matter the time that takes the renewal to be granted.

Source: Moeller IP Advisors, Argentina


01-23-2012 (Newsletter Issue 1/12)
Translations to be Certified
In an Official Notification dated August 1, 2011, the Patent and Trademark Office of Argentina (INPI) reminded that after the filing of any document in a foreign language its Spanish translation by an Argentine sworn translator has to be filed. Consequently, the Spanish translation of the priority certificates must be certified by an Argentine sworn translator.

Source: Moeller IP Advisors, Argentina

09-01-2011 (Newsletter Issue 10/11)
Official Fees Increased
The Patent and Trademark Office of Argentina (INPI) has increased its official fees for filing trademark applications for registration effective July 1st, 2011. The current fees can be seen in the country survey (below).

Source: Rattagan, Macchiavello Arocena & Peña Robirosa Abogados, Argentina


02-01-2011 (Newsletter Issue 2/11)
Mediation Law Changed
The recent sanction of the Argentinean Mediation Law, Number 26859, has incorporated different changes which have direct effects in the trademark administrative proceeding.

Before same, in order to accept complaints of applicants claiming the cease of an opposition, Trademark Office required the completion of the mediation stage within one year as from the notification of oppositions lodged by third parties (according art. 16, Law 22362)
Though mediation is still a preliminary and compulsory stage before Court instance, new law has established that initiation of mediation within the annual term suspends the corresponding deadline that is being resumed from 20 days counted from the mediation Act closure. Term to complete mediation has been set in 60 days, so that there has been an extension of 80 days in that annual term which was originally provided by Trademark Law.
Consistent with these news, Trademark Direction has ruled Disposition N° 2038/10 which establishes:

- If initiation of a complaint or withdrawal of opposition/s takes place one year after the notification of opposition/s to the applicant, the interested party must justify that terms had been suspended. For such effects, applicant must file a copy of documentation which demonstrates the initiation, extension, or completion of the mediation stage.

- The application will be considered abandoned if the applicant does not give notice of a lawsuit or withdrawal of opposition/s, within three months counted from the annual term. In order to avoid this penalty, applicant must declare every three months that mediation stage is still pending.

These new modifications implies taking special care in the calculation of terms involved, and proceed with the required presentations in order to avoid the abandonment of the application.


Source: www.moellerip.com

07-09-2010 (Newsletter Issue 12/10)
Renewal Proceedings Changed
The renewal proceedings of trademarks have changed with the new disposition No. M-520/10.

Owner inconsistencies in trademark renewal proceedings must be amended with the pertinent documents showing the legitimacy of the applicant who filed the trademark renewal. The legitimacy must exist before or at the moment of renewing the respective trademark. Otherwise the nullity or rejection of the renewal proceeding could be declared.

This disposition entered in force on April 29, 2010 and will be applied to renewal proceedings that have not been resolved until that date.

Source: Moeller IP Advisors


02-16-2010 (Newsletter Issue 7/10)
Domain Owners Need to Update Data until March 1st, 2010
Domain owners: Data update or regularization needed until March 1st, 2010 to avoid cancellations of Registrant Entities and their registered Domains.

NIC Argentina will implement in 2010 a new registration and administration system for domain names. Therefore, each Registrant Entity will have to regularize the data registered in NIC Argentina’s database.
Those entities, which have not regularized their information until March 1st 2010, will be cancelled as well as the domains registered under their name.

- Registered Data – Update
The information like address, telephone No., fax No., etc. will have to be updated, since their falseness or inaccuracy could result in the loss of the domain and/or the cancellation of the Registrant Entity.

- Registered Data – Regularization
The data registered under a fantasy name, inexistent company names, non-updated data, duplicated entities, etc., must regularize their situation, since otherwise, this could derive in the loss of their domain names and/or the cancellation of the Registrant Entity.

- E-mail
It is compulsory for every Entity to have a valid and active e-mail address associated. Otherwise, the Entity will be cancelled together with the domains registered under its name.

- CUIT/DNI (Tax-ID-No./ ID)
It is compulsory that every Entity registers (declares) its CUIT, CUIL or DNI (Tax-ID-No. or ID). Otherwise, the Entity will be cancelled together with the domains registered under its name.

Furthermore, on November 25th, 2009 new rules for the registration of domain names under the country code top-level domain .ar (cctld.ar) were approved.


Source: Moeller IP Advisors, Buenos Aires, Argentina

Legal basis is the law of December 26th, 1980, in force since February 1st, 1981.
Trademark protection is obtained by registration. However, under certain circumstances, it is also possible to claim protection alleging the use of a trademark.
Argentina follows the first-to-file system.
Nice classification, 11th edition
In addition to words and drawings, it is also possible to register any sign which has a distinctive capacity such as combination of colours, numbers or letters for its special designs, shapes, emblems, holograms, three-dimensional forms, sounds, smells (fragrances), movement marks etc.
The following trademark types are registrable: trade marks, service marks, trade names and titles of establishment.
The application is filed with the Trademark Office on paper or online.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
Each applicant needs to establish a legal address in the city of Buenos Aires in order to receive all the corresponding notifications.
A special, notarised and apostilled power of attorney is necessary.
Applicants from countries which are not member of the Agreement of The Hague need to have the Power of Attorney legalized via Argentine Consulate.
Foreign applicants do not need a domestic registration.
The Spanish translation of priority certificates must be certified by an Argentine sworn translator.
The application process includes a formal examination. The trademark application is also examined regarding distinctiveness and prior similar antecedents.
The trademark application is published in the Bulletin for opposition purposes within approx. 4 to 6 months after the filing.
Unofficial information regarding obstacles met in the proceeding can be found out within 60-90 days after the expiration of the opposition period.
If no obstacles are met, the processing time from first filling to registration is approx. 18 months.
National:
The opposition period is 30 days from publication date of the application. If an opposition is filed against the application, the applicant has one year from the notification, to obtain withdrawal.
Upon expiry of this period, the application is deemed abandoned, unless a judicial decision on the merits of the opposition has been requested.
Before starting a legal action, the mediation procedure is mandatory. In this pre-trial instance a settlement is often reached, avoiding the trial.
A trademark registration is valid for 10 years from the date of registration.
It is renewable for periods of 10 years. The Trademark Office will require an affidavit of use for the renewal of a trademark.
Late renewals are not available. However, the renewal (and any other filing) may be filed within the first 2 hours after the opening of the Trademark Office on the working day following the due date.

Further practical details are available in our publication on this topic here
If the trademark is not been used as from the 5th year since the date of registration or within the last 5 years previous to a cancellation action filed by third parties, the trademark can be challenged for non-use. The use could have been made even on products or services different from those distinguished by the trademark registration to be renewed.
Such use may be proved by a Declaration of Use, duly completed and signed, no further certification or legalization thereof being required.

Further practical details are available in our publication on this topic here
As of August 1, 2017, the new official trademark filing fee is ARS 1,700 per class. There are no special fees for additional classes. The publication fee is already included in the filing fee as long as the trademarks are not larger than 6 cm x 6 cm.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 230,00 € 190,00 € 
Word Mark Search (identical) 190,00 € 150,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
03-21-2017
Villamil Abogados, Buenos Aires, Argentina

03-31-2016
Villamil Abogados, Buenos Aires, Argentina

02-27-2014
Moeller IP Advisors, Buenos Aires, Argentina

06-28-2013
Rattagan Macchiavello Arocena & Peña Robirosa Abogados, Buenos Aires, Argentina

06-26-2013
Moeller IP Advisors, Buenos Aires, Argentina

07-17-2012
Moeller IP Advisors, Buenos Aires, Argentina



O'Conor & Power



Santiago R. O'Conor

Santiago R. O'Conor
San Martin 663, Piso 9
1004 Buenos Aires
Argentina (AR)
Tel +54 11 4311 2740
Fax +54 11 53687192/3
soc@oconorpower.com.ar
www.oconorpower.com.ar

O’Conor & Power (www.oconorpower.com.ar) is an Argentine intellectual property firm developed and strengthened by 25 years of local and international experience and expertise in IP law.

In our firm, lawyers, industrial property agents and engineers, work closely as a team in dealing with trademarks, patents, utility models and designs, copyrights, software, domain names , transfer of technology, franchising, licensing and related issues, representing international, regional and local companies from different industries.

We are also qualified to enforce IP client’s rights through transactions, dispute, resolutions, litigation, border enforcement measures and unfair competition related actions.

The broad experience of O’Conor & Power’s team in the management of international IP portfolios in the region, makes OCP a unique “one stop basis” in an important and growing area in the world’s economy, such as Latin America.

Instituto Nacional de la Propriedad Industrial (INPI)
Paseo Colón 717
1063 Buenos Aires
Argentina
Tel +54 11 43 44 49 67 or 43 44 49 68
Fax +54 11 43 44 52 86
Mail infomarcas@inpi.gov.ar
www.inpi.gov.ar