TRADEMARKS

TRADEMARKS CLASSES:

Product trademarks and services trademarks.

INTERNATIONAL CLASSIFICATION:

Independent applications should be filed for each class, according to International Classification of Goods and Services 9th. Edition, Nice.

TERM:

Ten years as of the granting, renewable indefinitely, if the presentation is filed before the expiration date.

USE REQUIREMENT:

The effective trademark use constitutes a legal requirement which shall not be suspended for periods longer than 5 years. It will be required that the trademark has been used for the 5 years prior to its renewal in order to proceed and renew the same.

NOVELTY:

The trademark to be requested should not result identical or similar to the extent of causing confusion with previous registrations or applications.

APPLICANT:

Any individual or legal entity.

NECESSARY DOCUMENTATION:

Notarial Power of attorney issued by the applicant duly authorized by the Argentine Consulate or provided with Apostille according to the La Haya Convention.
Products or services list.
Ten facsimiles, unless the trademark consists on only one word in printed letters.
If colors are claimed, ten color labels.

Power of attorney documents. Download

PUBLICATIONS:


Trademarks are subject to a registration and background examination as regards previous similar trademarks of the same class.

EXAMINATION:

The new applications are published in the Trademarks and Patents Journal with the purpose that oppositions may be filed by third parties within 30 days.

OPPOSITIONS:

The oppositions shall be based on trademarks which directly or indirectly may create confusion in similar trade names, since they are of common use, descriptive, etc. If at the end of a year the applicant has not obtained the withdrawal of the oppositions faced, the applicant may resort to the court action, previously passing through an obligatory mediation stage. If none of these two alternatives are instrumented, the application shall be declared abandoned.

FILING AND PUBLICATION FEES:


They should be paid at the filing moment.

LEGISLATION:

Law 22.362 dated December 22, 1980, implemented by decree no. 558/81 dated March 24, 1981.

CONVENTIONS:

Paris Convention (Lisboa Rev., sect. 1-12 and Stockholm, sect. 13-30).

La Haya Convention of the year 1961 which leaves without effect the documents consular authorization coming from abroad.

GATT TRIPS of obligatory application in Argentina pursuant to Law N° 24.425.