An opposition may be filed within 30 days from the publication of a trademark application in the Trademark Gazette.
After the official notification, and before issuing a decision, the National Trademark Office (NTO) gives the parties three months to resolve the dispute amicably amongst themselves.
Once this negotiation period has expired, and if the parties do not reach an agreement, the NTO will officially call the Opponent to ratify the opposition within a period of 15 days. If the Opponent files the ratification writ (alongwith the prescribed fee), the NTO will serve it upon the Applicant in order for them to file a response within the next 15 days.
Both parties will thereafter have to file their supporting evidence, which is considered by the NTO jointly, while deciding the matter on merits.
If the Opponent does not ratify the opposition, the opposition resolution process will not be initiated.
An appeal against the NTO’s decision has to be submitted directly to the Instituto Nacional de la Propiedad Industrial (INPI) within 30 business days of the notification of the decision, accompanied by payment of the relevant administrative fees. The INPI will then notify the parties and send the appeal to the Courts.
FAQs on Trademark laws in Argentina
List of Trademark laws in Argentina
What is the relevant Trademark Authority in Argentina?
The relevant trademark authority that processes trademark application is the Argentine National Institute of Industrial Property.
What is the process of trademark registration in Argentina?
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.
Can a multiclass trademark application be filed in Argentina?
A multiclass trademark application cannot be filed in Argentina. As of now only single class applications are allowed.
Is Argentina part of Madrid protocol for trademark application?
No, till date Argentina is not a part of the Madrid Protocol.
On what grounds can my trademark be objected or refused in Argentina?
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.
What is the period for filing a notice of opposition or opposing a trademark in Argentina?
The period for filing a notice of opposition in Argentina is 3 months.
How much time does it take for a trademark to get registered in Argentina?
It takes approximately 18 months for a trademark to get registered in Argentina.
What is the term for which a trademark is 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.
Can a priority trademark application be field in Argentina?
Yes, a priority trademark application can be filed in Argentina and priority is to be claimed at the time of filing the application only.
What is the fee to file a trademark application in Argentina?
The official fee for filing a trademark application in Argentina is approximately USD51.
Can 3D marks be registered as trademark in Argentina?
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.
Are well-known trademarks recognized in Argentina?
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.
What are the documents required for filing a trademark application in Argentina?
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.
Can a trademark be cancelled in Argentina?
Yes, a trademark can be cancelled in Argentina on the grounds of non-use.
What are the conditions for cancellation of a trademark in Argentina?
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.
Under what nice classification can a trademark be field in Argentina?
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.
Can a lapsed or non-renewed trademark be restored in Argentina?
No, there is no provision for restoration of a trademark in Argentina.