Registering a trademark is a procedure that grants the legal use of a name for our product or service, for a period of 10 years throughout the territory of the Argentine Republic. The inscription of a name as a brand allows to identify and distinguish the name, the typography and the logo of our enterprise or company. Only whoever registers their trademark is the one who can have the legal monopoly, exclude third parties who intend to use it and be defended from third parties making a claim for the use of that trademark name.
The registration of a trademark is carried out by a law firm of "trademark agents" registered inpi, which gives the security of having custody and monitoring of the trademark for the term of the trademark, and with compliance with all the requirements. legal requirements that the registration process requires.
trademark-registration-in-argentinaHow is a trademark registered in Argentina?
The trademark registration process begins with a phonetic and grammatical background search to confirm the availability of the trademark. This search is carried out by a trademark agent with an official trademark search engine (online or web search engines that offer trademark search should not be taken into account because they are inaccurate and out of date). With the confirmation of availability, you are given documentation that you have to print, sign and send by post. Once the documentation has been submitted, the trademark is already blocked in its name, and the following deadlines must be awaited: Publication of the trademark in the official trademark bulletin approximately 4 months from the start of the process, expiration of the third-party opposition period within 30 days from publication.After that period, the "study stage" begins where the administration analyzes the trademark to be registered and verifies that there are no legal impediments. Finally, almost a year, the trademark office grants the concession of the trademark, and it is there that the registered trademark symbol can be used.
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Any natural person or legal person can be holders of a trademark registration process in Argentina, that includes Argentine citizens, as well as foreigners. With respect to legal persons, they can be holders of Limited Liability Companies or Public Limited Companies. Foreign companies may also be holders of a trademark in Argentina without any limitation.
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In the case of natural persons, data such as Full Name, Cuit or Cuil, Marital Status and Full Address. In case of registering a logo, it must be sent in JPG or BMP format in 6x6cm. (It can be color or black and white). In the case of companies, the registration data, preferably a copy of the statute or social contract registered with the IGJ or the respective public registry of commerce.
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Using an unregistered trademark generates various risks from the legal point of view: it generates civil, commercial and even criminal liability. The use of an unregistered trademark may cause a third party to claim damages for improper use, for the sales made and for the damage caused by this situation.
Registering a trademark is an inexpensive procedure that avoids expenses in document letters, mediations, lawsuits and legal claims.
Trademark registration also allows:
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Figurative or word marks can be registered, that means the registration of a name only, or the name and its logo or figure that identifies it.
For example: clothing brand registration, wine brand registration, barcode processing
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The trademark registration process can be done from anywhere in the country from Monday to Friday from 9 a.m. to 7 p.m. by calling (011) 4747-4454 / 4464
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