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Argentina Trademark registration

In Argentina the legal basis is the law of December 26th, 1980, in force since February 1st, 1981.Trademark protection is obtained by registration. However, under certain circumstances, it is also possible to claim protection alleging the use of a trademark. Argentina follows the first-to-file system.

Requirements

A trademark application has to be filed before the Trademark Office by a local agent. A special, notarized and apostilled or legalized by consulate power of attorney is necessary. Each applicant needs to establish a legal address in the city of Buenos Aires in order to receive all the corresponding notifications.

Procedure

The application process includes only a formal examination, without indication of possible identical or similar trademarks. It takes approximately 18 months before an office action is issued by the trademark authority or registration. After registration the trademark is published in the Bulletin for opposition purposes. Duly note, in Argentina the opposition period is 30 days from publication date of the application. If an opposition is filed against the application, the applicant has one year from the notification, to obtain withdrawal.

Duration

A trademark registration in Argentina is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years. To renew a TM, the applicant must include a sworn declaration of use stating that the trademark was used within 5 years prior to its expiration.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

Duly note, if the trademark is not been used as from the 5th year since the date of registration or within last 5 years previous to a cancellation action filed by third parties, the trademark can be challenged for non-use.

Area Practice:

INTELLECTUAL PROPERTY

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