Aug 01, 2024 (Newsletter Issue 7/24)
Changes to the TM Opposition Resolution Process Introduced
The Official Gazette published Resolution P-295/2024, which introduces changes to the trademark opposition resolution process. These will significantly reduce the backlog of pending cases.
The new requisite establishes a fee under the name "Administrative Resolution of Active Oppositions" which must be paid by applicants who wish to move forward with trademark registrations that have existing oppositions.
Applicants for new trademarks who wish to proceed with their applications and resolve any outstanding oppositions are required to pay the new fee—approximately 50% of the cost of a new trademark—within 15 business days after the oppositions are notified. Failure to pay within this period will result in the automatic denial of the application.
The resolution applies to all new opposition cases and has retroactive effect on such cases where the applicant has not yet responded to third-party oppositions, and the application remains unresolved.
Source: www.palacioabogados.com.ar
Nov 09, 2023 (Newsletter Issue 9/23)Invited to Join BRICSArgentina has been invited to join the BRICS group of emerging economies, a major geopolitical development that could have a significant impact on the country's future. The invitation came from the BRICS leaders at their 15th summit in South Africa in August 2023, and Argentina is expected to become a full member of the group on January 1, 2024.
The BRICS group is made up of Brazil, Russia, India, China, and South Africa. It is one of the most important economic blocs in the world, with a combined GDP of over $25 trillion and a population of over 3 billion people. BRICS members are also major players in global trade and investment.
Membership in BRICS is expected to give Argentina a number of benefits, including:
-Increased access to trade and investment opportunities.
-Greater cooperation on development projects.
However, there are also some potential challenges associated with Argentina's membership in BRICS, one of them being the different political systems and economic models of the countries.
For more details click here.Source: https://marcasur.com Oct 26, 2023 (Newsletter Issue 8/23)
Official Trademark Fees to be Raised
Patent and Trademark Office has established new official fees that will come into effect as of December 1st, 2023.
In general, the new fees range from 200% to 400% higher compared to the current ones.
Source: www.palacio.com.ar
Jun 12, 2023 (Newsletter Issue 6/23)
Partial Revocation of TMs Possible
As of June 12, 2023, it is possible to request the partial revocation of trademark registrations due to lack of use. This is a significant change in the current practice, causing a great impact on trademark registration strategies.
In 2018, Law 27,444 introduced several changes to the Law on Trademarks and Trade Names. A noteworthy amendment was the incorporation of the possibility of requesting the partial revocation of trademark registrations, ex officio or upon request of third parties; however, a 5-year grace period was established to start filing these requests. This period has ended now.
The partial revocation of a trademark registration applies to those products or services protected by the registration for which the trademark has not been used within a period of 5 years prior to the filing of the revocation request. The revocation does not apply if the trademark was used to identify related or similar products or services, even those included in other classes, or if it is part of a trade name related to the products or services protected by the registration. The revocation request may be filed against both new trademark registrations and renewals.
Previously, the use of a mark to identify any product or service, even those included in other unrelated classes, would suffice to comply with the use requirement and avoid a revocation action. This allowed trademark holders to obtain the registration of defense trademarks in classes without any relation to the products or services for which the trademark was used. This practice hindered the registration of marks that could peacefully coexist in the market without causing any risk of confusion amongst consumers. The partial revocation of trademark registrations is a new and powerful tool that will avoid these obstacles.
Source: www.ungria.com
Jan 26, 2023 (Newsletter Issue 2/23)Official IP Fees IncreasedOn 1 January 2023, the Argentine Trademark Office increased industrial property fees by 110%. Another increase is scheduled for 1 March 2023, also amounting to 110%. However, the second increase will not be calculated based on the updated fee, but on the amount applicable until 31 December 2022. These abrupt and subsequent trademark fee updates are a result of no increases having been made since July 2019.
From 1 January 2023, the official trademark application fee is ARS 4,641 per class. There are no special fees for additional classes. The publication fee is already included in the application fee. As of 1 March 2023, this trademark fee will increase by ARS 2,431, bringing the cost of a trademark application to ARS 7,072.
In addition, the Trademark Office has limited class protection to 20 products or services under each class per trademark application. If more than 20 products or services are selected in an application, an additional fee of ARS 25 per product or service will be due.
Source: O'Conor & Power, Argentina; www.berti.com.ar Sep 09, 2021 (Newsletter Issue 14/21)New Regulation of Product Labelling As of April 30, 2021, a new regulation of product labelling is in force in Argentina. Resolution 283/2021 of the Ministry of Internal Trade, published in the Official Gazette on March 31, 2021, creates a Sign and Label Inspection System (SiFiRE in Spanish) to strengthen consumer protection measures.
The aim of the measure is to prevent misleading information on the signs or labels of certain products, while ensuring fair competition and transparency between the different goods available on the shelves.
The measure applies to the signs and labels of products released on the market in Argentina on food, beverages, drinkable food, hygiene products, perfumery, personal care and domestic cleaning suitable for human consumption and handling.
Manufacturer, importer and/or distributor of said products must submit the signs and labels to the inspection procedure at the Undersecretariat for Internal Trade prior to their marketing. Said signs and labels may not contain information about offers, promotions or discounts that cannot be guaranteed in the subsequent marketing.
For more information, please check hereSource: www.clarkemodet.com Sep 19, 2019 (Newsletter Issue 13/19)
Official Fees Increased
The Intellectual Property Office of Argentina (INPI) has implemented amendments to it's fee schedule for trademarks, patents, utility models and industrial designs.
As of July 2019, Argentina’s fee amendments are the first since 2017. The fees for trademark filing have increased by 30% from ARS 1,700 to ARS 2,210. The trademark renewal fee has also inflated by 30%, from ARS 2,100 to ARS 2,730.
Source: www.ip-coster.com
Jun 06, 2019 (Newsletter Issue 7/19)Mid-Term Declaration of Use ImplementedOn May 27, 2019, the Argentine National Institute of Industrial Property has issued Resolution Nº 123/2019 implementing the requirement of the Mid-Term Declaration of Use (MTDU) to maintain a valid trademark registration.
The MTDU must be filed for trademark registrations granted as of January 12, 2013 and registered for five (5) years. An official fee must be paid. The absence of an MTDU will presume that the trademark has not been used, unless evidence to the contrary is provided.
If the MTDU has not been filed between the fifth and sixth year of the registration of the trademark, an extraordinary official fee is payable for each year of delay in filing the MTDU. This applies to all the trademarks that, as of January 12, 2020, have not complied with the aforementioned obligation.
It should also be noted that if the MTDU is not filed in time, the application for renewal of these marks will only be processed after the MTDU has been filed and the corresponding extraordinary fee has been paid.
Source: O'Conor & Power, Argentina Aug 22, 2018 (Newsletter Issue 14/18)Important Changes in Opposition ProceedingsOn July 12, 2018, the Argentine PTO adopted Decision P-183, which initiated a new opposition procedure for trademark applications under Law No. 27,444, which brought about two substantial changes:
- It establishes an administrative proceeding instead of the previous one in which the matter was judicially settled.
- The burden of urging the proceedings now falls on the opponent; before, it was the applicant who was obliged to act.
This resolution will enter into effect as of September 16, 2018, but, in practice, all pending opposition proceedings must be adapted to this new process.
For further detailed information, please see hereSource: www.palacio.com.ar Jan 30, 2018 (Newsletter Issue 2/18)Substantial Amendments in Trademark LawOn January 16, 2018, the Argentine Patent and Trademark Office (PTO) issued Regulation No. P-001/2018. It partially implements Decree No. 27/2018.
The Decree 27/2018 of January 10, 2018, (here in after the “Decree”) amends certain articles of the current Law of Trademarks and Designations (Law No. 22,362), the Law of Patents and Utility Models (Law No. 24,481), and Decree-Law No. 6673/1963.
Key amendments on trademarks are the following:
- Filing of oppositions at PTO shall be submitted electronically.
- If the parties fail to reach settlement within a 3 months period (previously 12 months) as of the date the applicant is notified of the opposition, the PTO will issue a decision after the parties undergo an administrative proceeding that has still to be outlined. Decisions issued by the PTO will be subject to appeal before the Federal Court of Appeals within 30 working days.
- The PTO will have the authority to decide on the cancellation and lapsing of trademarks in accordance with the regulations that are still to be issued. In what respects cancellation of trademarks, exception is made of any cases involving piracy or bad faith.
- The PTO will have the authority to issue cancel registrations on a partial basis (on the grounds of non-use), with respect to products or services that are unrelated to the products or services for which the trademark has been used, creating a limit for defense trademarks. PTO’s decisions on any trademark cancellations will be subject to appeal directly before the Chamber of Appeals mentioned above.
- Submission of a sworn declaration of use will be mandatory between the fifth and sixth year from registration.
The published Regulation provides that those terms that were already running at the time the Decree was issued and which are provided for in days will remain unchanged (Art. 1). Concerning terms in months or years, the shorter term applies, keeping in mind that the terms in Decree No. 27/2018 began to run on January 12, 2018 (Art. 2).
For example: Under the prior system, the term for responding to office actions in the preliminary examination was 180 days, which has now been reduced to 30 days; accordingly, the 180-day term running when the Regulation became effective remains unchanged, and the new 30-day term applies only to office actions notified after the Regulation became effective.
For more information on the substantial amendments, please check the note of our Country Index partner from Argentina here
Source: O'Conor & Power, Argentina, Marval, O'Farrell & Mairal, Argentina and Herrero & Asociados, Spain Sep 20, 2017 (Newsletter Issue 16/17)Official Fees IncreaseThe 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 Aug 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
Feb 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
Sep 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
Nov 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
Dec 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
Jul 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
May 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
Jan 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
Sep 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
Jan 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
Jan 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
Sep 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
Feb 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 Nð 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
Jul 09, 2010 (Newsletter Issue 12/10)Renewal Proceedings ChangedThe 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 Feb 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 Trademarks and Designations No. 22.362 of December 26th, 1980, in force since February 3rd, 1981. Decree 27/2018 of January 10, 2018 amends certain articles of the aforementioned Law.
Decree 242/2019 of April 3rd, 2019, amends certain articles of the aforementioned Law.
Trademark protection is obtained by registration. However, under exceptional circumstances, it is also possible to claim protection alleging the use of a trademark.
Argentina follows the first-to-file system.
The following may be registered as trademarks in order to distinguish goods and services: one or more words with or without conceptual content; drawings; emblems; monograms; engravings; patterns; seals; images; bands; combinations of colours applied in a particular place on goods or packaging; wrapping; packaging; combinations of letters and numbers; letters and numbers drawn in a particular way; advertising slogans; distinctive embossments and any other sign with such capacity.
The following shall not be considered trademarks and may not be registered: (a) Names, words and signs that constitute the necessary or usual designation of the good or service to be distinguished or that describe its nature, function, qualities or other characteristics; (b) Names, words, signs and advertising slogans that have passed into general use before the application to register them; (c) The shape of a good; (d) The natural or intrinsic colour of a good or a single colour applied to the good. (e) National or foreign appellations of origin. (f) Trademarks that may mislead as to the nature, properties, merit, quality, processing techniques, function, origin, value or other characteristics of the goods or services to be distinguished; (g) Words, drawings and other signs that are contrary to morality and decency; (h) Letters, words, names, badges or symbols that are used or reserved for use by the nation, provinces, municipalities or religious or health organizations; (i) Letters, words, names or badges used by foreign countries and international organizations recognized by the Argentine Government.
The application is filed online with the Trademark Office.
A separate application has to be filed for each class. Multi-class applications are not available.
Foreign applicants need a local agent.
According to INPI Resolution 288/2019, since November 15, 2019, new trademark applications cannot be filed to cover all the products/services of an intl. class (“all class”). This does not apply to applications, registrations, and renewals of trademarks requested before this resolution.
Trademarks applications are filed using the “TMclass” tool system. It is possible to add products and services manually.
Each applicant needs to establish a legal address in the city of Buenos Aires to receive all the corresponding notifications.
A special, notarised and apostilled power of attorney is necessary.
Applicants from countries that are not a member of the Agreement of The Hague (Apostille) 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 approximately 4 to 6 months after the filing, but if it is filed using the “TMclass” tool it can be published in 1 month approximately.
Unofficial information regarding obstacles met in the proceeding can be found out within 30-45 days after the expiration of the opposition period.
If no obstacles are met, the processing time from first filing to registration is approximately 12 to 18 months, but if it is filed using the “TMclass” tool, the processing time from first filling to registration is approximately 9 months.
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 as well as a Mid-Term Declaration of Use (MTDU).
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