Argentina Trademarks Information
Do you need to file a new application, renew or modify your trademarks in Argentina? You are in the right place.
argentina FAQ
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multiclass trademark registration
trademark registration requirements in argentina
what is the time frame for a third party to file an opposition in a trademark application procedure?
what are the intellectual property offices in latin america?
what latin american countries are part of the hague apostille convention?
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Trademark Acts
1. Law No. 11.723 of September 28, 1933 – Legal Intellectual Property Regime
2. Law No. 19.549 of April 3, 1972, Administrative Procedure Law. Updated by Decree 1.023/2001
3. Law No. 26.355 of February 28, 2008 of Collective Trademark
4. Law on Trademarks and Designations (No. 22.362 of December 26, 1980)
5. Law 22.802, Fair Trade, last updated by Law 26.422/2008
Regulation
• Decree No. 746 of December 18, 1973, on the rights of performers and Regulations of article No. 56 of Law No. 11.723
• Decree No. 16.697 of December 15, 1959; on Affidavit of Published Works; National Register of Intellectual Property
• Regulatory Decree No. 558/81 of the Trademark Law, as amended by Decree 1141/2001
International convention
WIPO, WTO, MERCOSUR , Nice Agreement, Nairobi Treaty, Berne Union, Brussels Convention, Locarno Agreement, Strasbourg Agreement, and Paris Convention.
Argentina is party to a significant number of intelectual Property treaties. This subscription treaties allowed to Argentina have a rapid growth in number application, according to the 2011 Wipo’s Publication, the growth was 17.1%.
Requirements for Application
1. Complete applicant identification
2. the trademark logo in .gif or jpg. Format (If the trademark is stylized -logo-) . If the colors are important then you should send the logo in color.
3. Accurate and complete indication of the products or services that you wish to protect with the trademark. An application can only be filed for products or services included in one single class. Multiclass registration is not allowed in Argentina.
4. The class according with the ninth edition of the Nice International Classifiaction http://www.wipo.int/classifications/nivilo/
5. The priority document issued by the competent autority, if you wish to claim trademark priorities.
6. A official translation to Spanish Language of the priority document by the Argentine Federation of Translators
7. Power of attorney legalized up to the Argentinean Consulate or with apostille.
More information
Procedure
The registration procedure takes between 16 and 18 months depending on contingencies that may arise in it.
1. The registration process begins filing an application in the Argentinean Trademark and Patent Office
2. After in about one month; the Argentinean PTO will make a preliminary examination to verify if the application complies with the formal requirements.
3. If the Argentinean PTO do not have the correct information or lacks documents in the application to proceed with the process, It make a request for information which should be answered within a period of ten labor days.
4. Whether the application is in order its publication in the Argentinean Intellectual Property Gazette, otherwise it will make an observation.
5. The opposition period is 30 days from publication in the Official Gazette. If oppositions are made then the opposition procedure will start. If there are no oppositions the Argentinean PTO will perform the final examination and decide whether the trademark is granted or denied.
6. The applicant has a year to try the withdrawal of the opposition through friendly negotiation.
7. Reconsideration and appeal: Finally The Argentinean PTO may grant or deny registration of new trademark. If deny, the applicant can file a reconsideration or an appeal in order to change the Argentinean PTO decision.
