What is not registrable as a trademark in Argentina?
The logic behind this is based primarily on the lack of "distinctiveness" and the need for a trademark to fulfill its primary function: to identify a specific business origin and differentiate products or services from those of competitors.
Examples of phrases that are generally not registrable:
1. Commonly Used or Generic Phrases:
These are those commonly used to refer to a type of product or service. Granting exclusivity over these phrases would prevent other competitors from describing their own products or services.
Example: "The best pizza" for a pizza restaurant.
Example: "Excellent service" for a service company.
2. Descriptive Phrases of the Nature of the Trademark:
These are those that directly describe a characteristic, quality, ingredient, function, or purpose of the product or service they seek to distinguish. Allowing their registration would give the holder an unfair advantage.
Example: "Smooth and creamy" for ice cream.
Example: "Fast delivery" for a courier service.
Example: "Handmade" for handicrafts.
Example: "Chocolate" for chocolates.
3. Praiseworthy or Merely Advertising Phrases:
These are expressions that simply praise the quality or benefits of a product or service, without identifying a specific business origin.
Example: "Number one."
Example: "Quality guaranteed."
Example: "The best on the market."
4. Phrases that are Misleading or Deceptive:
These are those that can cause confusion in the public about the nature, origin, quality, or characteristics of the product or service.
Example: Using the phrase "Organic product" on a product that does not meet organic certification standards.
Example: Suggesting a connection with a famous brand when no such connection exists.
5. Phrases Contrary to Morality, Good Customs, or Public Order:
These are expressions that are offensive, discriminatory, or incite violence or illegal conduct.
6. Phrases that Reproduce or Imitate Official Symbols:
These include coats of arms, flags, emblems of states, international organizations, religious symbols, etc., without proper authorization.
7. Phrases of Public Knowledge and Current Events:
As we mentioned before, the INPI (National Institute of Industrial Property) has established that phrases that are in common use in society at a given time and that do not have an intrinsic distinctive character are not registrable. The examples you cited ("Go there, fool" and "there's no money") fall into this category because they are popular expressions and lack the ability to identify a specific business origin. Additional Considerations:
Secondary Meaning: In some cases, a phrase that might initially be considered descriptive or commonly used can acquire distinctiveness through intensive and prolonged use in the market, such that the public directly associates it with a specific business origin. Demonstrating this "acquired character" can be complex but possible.
Combination of Elements: While a phrase individually is not registrable, its combination with other graphic or word elements (a logo, a particular design) could generate a distinctive set that is registrable.
Case-by-Case Analysis: The INPI conducts an individual analysis of each trademark application, considering the specific context of the products or services it seeks to distinguish and the perception of the relevant public.
In short, when choosing a phrase for your trademark, it is essential to ensure that it is original, distinctive, and non-descriptive of your products or services, avoiding falling into the categories mentioned above.
Consulting with an intellectual property professional can be very helpful in evaluating the registrability of your trademark.
Do you have any other questions on this topic? Ask for advice.
