The relevant trademark authority that processes trademark application is the Argentine National Institute of Industrial Property.
Once a trademark is filed with the Argentine Trademark Office, the same after fulfilling the minimum filing requirements is examined by the Office for conflicting marks and descriptiveness. Once the mark is examined, the same is published for opposition in the Bulletin and is open to opposition for a non-extendable period of 3 months.
If the opposition is filed, then the applicant and opponent are given a period of 3 months to settle amicably. If no settlement is reached, then the Office will decide the matter in an administrative proceeding. The Office’s decision can be appealed against before the Federal Court of Appeals. If no opposition is filed within the stipulated duration, then the mark proceeds towards registration.
A multiclass trademark application cannot be filed in Argentina. As of now only single class applications are allowed.
No, till date Argentina is not a part of the Madrid Protocol.
A trademark is likely to be objected in Argentina, if they are:
Descriptive and generic marks which designate the character of goods and services of the proprietor;
Marks that are identical or similar and intended to identify similar or related goods and services which may cause confusion or association with the other person’s mark.
Trademark application violated the provisions of the Trademark Law.
The period for filing a notice of opposition in Argentina is 3 months.
It takes approximately 18 months for a trademark to get registered in Argentina.
A trademark is registered in Argentina for a period of 10 years from the date of registration and is renewable after every 10 years.
It is relevant to mention here that recently in May, 2019 the Argentine National Institute of Industrial Property has introduced the resolution for filing of Mid-Term Declaration of Use (MTDU) for maintain a valid registration. If the MTDU is not filed with 5th or 6th year of registration of trademark then an extraordinary official fee is payable for each year of delay in filing the MTDU.
Yes, a priority trademark application can be filed in Argentina and priority is to be claimed at the time of filing the application only.
The official fee for filing a trademark application in Argentina is approximately USD51.
Yes, Argentine Trademark Law recognizes registration of three-dimensional shapes.
Are non-traditional marks like sound, colour or combination of colours registered as trademark in Argentina?
Yes, Composite and 3-D marks are allowed for trademark registration in Argentina. The Argentine Law also recognizes non-traditional marks like sound marks, motion marks, scent marks.
The Argentine Trademark Law does not provide for the protection of famous and well-known marks. But the Paris Convention for Protection of Industrial Property and the Agreement on Trade Related Aspects of Intellectual Property Rights have been incorporated into Argentine Law and is used by the Courts to determine famous and well-known marks.
The documents required for filing a trademark application in Argentina are:
- Representation of proposed trademark
- Specification of goods or services
- Applicant’s details and address
- Priority documents if priority is being claimed
- POA (Power of Attorney)
Please note that filing of original priority documents is not necessary but sworn in transalation of the document into Spanish must be submitted with the Registry within 3 months from the date of filing the mark.
Original POA, notarized and legalized and apostilled must be submitted within 40 days from the date of filing the mark. Also note that Applicants from countries which are not member of the Agreement of the Hague need to have the POA legalized from the Argentine Consulate.
Yes, a trademark can be cancelled in Argentina on the grounds of non-use.
Cancellation based on non-use can be commenced by filing request for cancellation on a specific form by an interested/aggrieved third party.
The cancellation proceedings can be initiated from the fifth year of registration of the mark.
Argentina follows the 11th edition of the Nice Classification.
Is there a requirement for showing proof of use while filing a trademark application in Argentina?
No, a trademark in Argentina can be filed on “intent to use” basis. It is relevant to mention here that recently in May, 2019 the Argentine National Institute of Industrial Property has introduced the resolution for filing of Mid-Term Declaration of Use (MTDU) for maintain a valid registration. If the MTDU is not filed with 5th or 6th year of registration of trademark, then an extraordinary official fee is payable for each year of delay in filing the MTDU.
No, there is no provision for restoration of a trademark in Argentina.