How to Register a Trademark in Argentina

Argentina is a beautiful country located in the south of the Americas. It's known for its prowess in soccer, tango moves, delicious steak, and vibrant economy. The economy offers endless market potential for international businesses.

Registering a trademark in Argentina is a crucial step. Businesses looking to protect their intellectual property rights in this vibrant South American market can't ignore this. If you're a local entrepreneur or a company moving into Argentina, knowing how to register a trademark is key. It protects your brand identity.

This guide will walk you through the process of trademark registration in Argentina. It will help you navigate the legal requirements and procedures with confidence.

Understanding trademark rights in Argentina

It's important to grasp the fundamentals of trademark rights in Argentina before diving into the registration process.

The National Institute of Industrial Property (INPI) manages industrial property rights in Argentina. This includes trademarks, industrial designs, and patents.

According to the INPI, a trademark is any sign that distinguishes a company's products or services from those produced by competitors in the market. It can be a name, logo, slogan, symbol, or even a combination of these elements.

What is the function of a trademark?

A trademark is like a distinctive tattoo for products or services, making it easy to differentiate brands.

When people like certain goods or services, they're more likely to buy them again - I know you may have grown fond of particular brands. It could be because you prefer certain qualities in the products or services. You may even search multiple stores for a brand despite available alternatives.

This is why it's crucial for brands to stand out in the marketplace. By helping companies and their offerings look different from others, trademarks play a big part in how businesses grow.

They shape how customers see a company's reputation and image. Plus, trademarks encourage businesses to keep their products or services top-notch. Companies want to maintain a good name tied to their brand. So they work hard to keep customers happy.

Apart from protecting brand reputation, registered trademarks provide a legal recourse. If another company or business violates the trademark, you can send them a cease and desist letter. 

You can also take the offenders to court, where they can be charged. Apart from that, you claim damages caused by the party using your trademark without permission. 

Additionally, a trademark is a business asset, allowing you to license others to sell or produce your goods.

The process of registering a mark is complex, but technology has made it easy and accessible. You can actually register a trademark on your own from the comfort of your home.

According to the Argentina IP Country Factsheet, laws in Argentina give priority to the first person to apply for a trademark. 

This said it's necessary to obtain a Single Tax/Labour Identification Number (CUIT/CUIL) from the National Tax or Labor Authorities to proceed.

The procedure of getting the CUIT/CUIL is, however, difficult for foreign individuals and entities. It is, therefore, advisable to prepare and file their application through the representation of a domestic intellectual property attorney.

1. Trademark search

After deciding which mark you want to trademark, the following step is to ascertain that it's not an existing mark. Using an existing trademark is a violation and can land you in hot water.

This is one of the most complex stages where you watch out for similar or identical marks. This process increases the probability of getting registered by trademark authorities.

Trademark searches can be conducted on various platforms, including social media and the web. No resource should be spared.

Tools and resources for trademark search in Argentina

• INPI database: You can access the INPI search tool for free.
• WIPO Global Brand Database
• EUIPO TMview (for international trademarks)
• Local trademark attorneys: Engage a professional for expert guidance. They will bill you for this.

The types of trademark searches

• Preliminary search - Often referred to as a "knockout" or "screening" search. This process entails reviewing the records of your country's Intellectual Property Office (IPO) to find similar or identical marks. You can contact the INPI to grant you access to its database for your search. Scouring INPI's database is free. You can also perform an online search for matches on social media and even the web.
• Comprehensive search - A comprehensive search delves deeper. It identifies exact matches and similar trademarks. Comprehensive searches uncover potential conflicts that could pose a risk during the application process.
• International search - Conducting a global trademark search entails examining registered or pending trademarks across multiple nations. This step is essential for businesses planning international expansion. The World Intellectual Property Organization (WIPO) offers resources such as the Global Brand Database. This database enables users to explore trademarks in various legal jurisdictions. 

2. Filing

After creating your trademark, storing it in the appropriate format, and conducting a search, it's time to move to the next stage.

You'll have a green light to file for registration if there are no identical or similar marks for your proposed design.

The following documents will be needed by the INPI:

• Full name of the applicant
• Identification document type and number – CUIT (Unique Tax ID) or CUIL (Worker ID).
• Ownership percentage.
• For married applicants: spouse's name, identification document type, and number.
• Complete address (including street, number, district, state, and postal code).

Additionally, applicants need to provide:

• Proof of legal entity status.
• Power of attorney if a representative is submitting the documents.

You need to provide properly legalized authorizations and documents with certified, authenticated signatures if you submit through an industrial property agent.

After submitting the above, you'll be required to pay a registration fee. However, keep in mind that the fee doesn't guarantee registration.

3. Formal examination

Once the INPI has received your application, the next step will be to scrutinize it thoroughly. This process can take about 30 days or more. It depends on a few factors, like how complex your application is and the current workload.

If the application meets the requirements, it will proceed to publication.

4. The publication and opposition period

The Argentinian Trademark Office will direct the publication of your trademark application at no cost.

This period lasts about 30 days. It starts on the day the trademark is published, providing a chance for parties with objections against your trademark to formally raise them.

5. Examination and approval

Between 12 to 18 months after the opposition period, the Argentinian Trademark Office will conduct a thorough examination of the application. If no objections arise, the trademark will be approved within 12 to 24 months.

Once granted, the trademark protection will remain in effect for 10 years, starting from the date of approval.

Trademark registration fees in Argentina

Trademark registration in Argentina isn't free. The process involves various expenses. The exact amount for registration depends on the number of classes included in the application. 

If applicants opt to hire a lawyer to assist with the registration, they will incur additional legal fees. 

Must I register a trademark in Argentina?

While common law rights may arise through use in commerce, they offer limited protection and can be challenging to enforce. Registering your trademark provides several benefits, including nationwide recognition of ownership, stronger legal enforcement, and the ability to sue for infringement in federal court.

How long does trademark protection last in Argentina?

Trademark protection remains in effect for a decade from the granting date and can be continuously renewed for equal periods.

This said, it's crucial to be aware of other time limits, such as the priority period set by the Paris Convention. Applicants from abroad registering this way must register their trademarks in Argentina within six months of their first application.

It's important to note that using the mark is necessary to maintain the trademark registration. As of June 2023, Argentina now allows for partial cancellation of a trademark due to non-use.

The owner of the registered mark must file a sworn statement of use with the INPI. This must be done in the sixth year after registration and again when renewing in the tenth year. 

In addition, if the mark is not used for five years in a row, it can be canceled. This can happen if the INPI requests it or if someone else interested in the mark asks for it.

Who can register a trademark in Argentina?

Registration of trademarks in Argentina is open. Any individual(s) and organizations, whether public or private, can register. The process can also be completed by an authorized representative with the necessary mandate.

Secure your brand's future in Argentina

Registering a trademark in Argentina is more than just meeting legal requirements. It's about safeguarding your brand's image, essence, and market standing. You gain exclusive rights that help maintain your competitive edge and legal protection. 

The process can be strenuous, so taking appropriate steps from the beginning and getting help from experienced trademark attorneys can be cost-effective and prevent legal issues. For new ventures and established companies expanding into Argentina, trademark protection is a vital investment. 

If you require professional assistance, utilizing a reputable trademark service can streamline the process and help you sidestep potential pitfalls.

Additional resources

• Do I Need to Hire a Trademark Attorney?
• Can I Sell My Business and Keep My Trademark?
• 6 Tips: What To Do After Filing A Trademark Application
• Can You Trademark a Color (+ Some Famous Examples!)

Glossary of legal terms

• Trademark: A unique sign, logo, or name that distinguishes a business's goods or services.
• INPI: The National Institute of Industrial Property, responsible for trademark registrations in Argentina.
• Nice Classification: An international system for categorizing goods and services for trademark registration.
• Opposition period: A timeframe during which third parties can challenge a trademark application.
• Cease and desist letter: A legal notice demanding an individual or business stop using a registered trademark without permission.
• Power of attorney: A legal document authorizing a representative to act on behalf of the trademark applicant.