What is the procedure to register a new trademark in Argentina?

The registration process begins by filing an application before the Argentinean Trademark and Patent Office. After about a month the Argentinean PTO will make a preliminary examination to verify if the application complies with the formal requirements. If the application is in order, it will be published in the Argentinean Intellectual Property Gazette, otherwise it will make an observation.

Third parties will have 30 business days after the publication date for presenting oppositions. 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.

How long does a trademark registration take? 

Normally, the procedure takes between 16 and 18 months depending on contingencies that may arise in it.

What events can happen in registration process?

Office Action: If the Argentinean PTO do not have correct information or lack documents in the application to proceed with the process, it will make a request for information, which should be answered within a period of ten business days. If the response to office action is not filed before the due date, the Argentinean PTO will declare the application abandoned.

Opposition: If the application complies with all formal requirements, the Argentinean PTO makes it public, so those who believe the new trademark violates any of their rights can present an opposition.

In Argentina oppositions cannot be responded. The applicant has a year to try to have the opposition withdrawal through friendly negotiation. If the negotiation fails, the Argentinean PTO declares the application abandoned.

Reconsideration and Appeal: The Argentinean PTO may grant or deny registration of a new trademark. If denied, the applicant can file reconsideration or an appeal in order to change the Argentinean PTO decision. There is no certainty of trademark registration if unresolved resources are pending.