TRADEMARKS

ARGENTINA

GDP: $537,7 BILLION
IMPORTS: $71.3 BILLION
POPULATION: 42,98 MILLION
TOTAL AREA: 2,780,400 KM2
CURRENCY: PESO ($) (ARS)
OFFICIAL LANGUAGES: SPANISH
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES

Contracting Party of the Madrid System: NO

Trademark Law in Force:

Law No. 22,362

Classification:

Nice classification, 11th edition

Multiclass Applications:

Not possible

Registrable Trademarks:

words; names; devices; certain three-dimensional shapes; colors; slogans; sounds; smells (olfactory trademarks); motion; touch.

Formal filing requirements:

• Power of Attorney duly notarized and legalized 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 sworn registered local 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 the withdrawal of the opposition. If no agreement is met 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. The cancellation can be requested if the trademark has not been used for a time period of 5 years, counting from the date of registration. Partial cancellation is now possible, but not regulated yet. As of 03/06/2019 a “Declaration of Use” must be filed for those trademark registrations that have been granted for more than 5 years as from January 12, 2018.

Grace period for renewal:

Grace period 6 months

Link to Trademark Office:

http://www.inpi.gov.ar/

© 2019 Balder IP Law S.L. Todos los derechos reservados.