TRADEMARKS

ARGENTINA

GDP: $518,475 BILLION
IMPORTS: $82,956 BILLION
POPULATION: 44,494,502
TOTAL AREA: 2,780,400 KM2
CURRENCY: ARGENTINE PESO ($) (ARS)
OFFICIAL LANGUAGES: SPANISH

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of the Madrid System: NO.

Patent Prosecution Highway:

Trade Mark Law in force:

Law No. 22.362 of 26 December 1980 and subsequent amendments.

Classification:

Nice classification, 11th edition.

Multiclass Applications:

Not possible.

Registrable trade marks:

Words, drawings, images, emblems, monograms, engravings, stamps, seals, a combination of colours applied to specific parts of the product or packaging, letters, numbers or a combination of both, packaging, original slogans, sound marks, a combination of all of the above items. Packaging may be registered as a three-dimensional mark.

Formal filing requirements:

• Power of Attorney duly notarised and legalised within 40 working days from filing date.

• Certified copy of priority application and its translation into Spanish within 90 days from filing. The translation of the priority application must be signed by a local sworn translator.

Examination:

• Absolute grounds for refusal: YES.

• Relative grounds for refusal: YES.

Opposition period:

30 days from publication date. If an opposition is filed against the application, the applicant has three (3) months from the notification, to negotiate withdrawal of the opposition. If no agreement is reached, the opposition is held before the TM Office.

Average time from filing to grant:

Approximately 20 months, unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. Cancellation can be requested if the trade mark has not been used for 5 years, counting from the registration date. Partial cancellation is now possible, but not yet regulated.

As of 3 June 2019, use has to be declared every 5 years throughout the entire life of the trade mark. A sworn declaration of use must be filed between the 5th and 6th year, counted from the registration date for marks registered or renewed on/after 12 January 2013, as well as with every subsequent renewal.

Renewal terms:

6 months prior to renewal date.

Grace period: 6 months.

Link to Trade Mark Office:

https://portaltramites.inpi.gov.ar/

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