Trademark registration in Argentina

Trademark registration in Argentina is a fundamental step to protect a company's identity and intangible assets. 

How to register a trademark in Argentina?

The official body responsible for trademark registration in Argentina is the National Institute of Industrial Property (INPI). The INPI is the sole entity to which an application must be submitted to obtain ownership of a trademark in Argentina.

Legal framework and protection principles

Trademark regulation in Argentina is governed by the Trademark and Designations Law N° 22.362, enacted on December 26, 1980.

Argentina operates under the "first-to-file" principle, meaning that whoever first files a trademark application with the INPI has priority in its registration. However, Argentine law also grants certain rights to the owner of an unregistered but used trademark, such as the right to oppose a subsequent registration.

Types of registrable trademarks

In Argentina, a trademark can be:

• Word Marks (Denominativas): Composed solely of words, letters, or numbers and their combinations.
• Mixed Marks (Mixtas): A combination of words with a logo or design.
• Figurative Marks (Figurativas): Consisting only of graphic elements, drawings, or logos, without letters or numbers.
• Three-dimensional Marks (Tridimensionales): The shape of the product, its containers, or packaging.
• Sound Marks (Sonoras): Distinctive melodies or chords.
• Olfactory Marks (Olfativas): Fragrances.

Requirements for registration

To register a trademark in Argentina, the applicant must meet the following requirements:

• Be of legal age.
• Have an electronic legal domicile declared.
• For legal entities, a sworn declaration regarding the signatory's powers is required, detailing corporate instruments and registration data.
• If acting on behalf of another person (attorney-in-fact), a sworn declaration must be made that the power of attorney is faithful to its original and that the mandate is in force. Documentation is not initially required but may be requested at any time.
• If acting as a business manager, a ratification note from the owner must be submitted within 40 business days from the application's entry.
• Foreign applicants who do not reside in Argentina must be represented by a local agent.

Step by step registration trademark process

The trademark registration process in Argentina generally follows these stages:

1. Availability Search: It is recommended to search if the trademark is already registered or if there is a similar one that could cause confusion. This can be done through the INPI's trademark search engine.
2. Application Filing: Access the INPI's online portal with your fiscal key. The type of trademark must be indicated, and the appropriate class according to the Nice Classification must be chosen. The ownership of the trademark is declared, and if applicable, priorities from previous applications in other countries are invoked.
3. Electronic Signature: The application form must be electronically signed.
4. Formal and Substantive Examination: Once the application is received, the INPI conducts a formal examination. If there are errors or omissions, the applicant is notified to correct them. Subsequently, a substantive examination is performed to evaluate the registrability and distinctiveness of the trademark.  
5. Publication and Oppositions: If the application is accepted, it is published in the Official Gazette. Within 30 calendar days after publication, interested third parties may file oppositions to the trademark registration.

Timelines and Validity

• Processing Time: Trademark registration can take up to 24 months for applications that do not undergo the simplified examination stage, and 12 months for those that do. If the application receives oppositions, the process can be significantly delayed.
• Validity: Once registered, the trademark is valid for 10 years from the filing date of the application.
• Renewal: The registration can be renewed consecutively for the same 10-year period.

Nice Classification

Argentina is a signatory to the Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Marks (Nice Classification). The 11th Edition of this classification has been in force in Argentina since January 1, 2017. It is important to note that the Argentine trademark system is a "single-class" application system, meaning a separate trademark application must be filed for each class of goods or services, according to the Nice Classification.  

Madrid Protocol Membership

Argentina is not a member of the Madrid System (Madrid Protocol). Therefore, to protect a trademark in Argentina, a national trademark application must be filed directly with the INPI.

Key considerations trademark registration

• Industrial Property Agent: Although not strictly mandatory for applicants residing in Argentina, it is highly recommended to have representation from an industrial property agent or a specialized lawyer to navigate the process, especially if oppositions or official objections arise.
• Trademark Use: While proof of use is not required for registration, the lack of genuine and continuous use of a registered trademark for an uninterrupted period of 5 years can lead to its lapse.
• Public Access: Trademark files, whether in process or registered, are publicly and unrestricted accessible.
• Distinctiveness: Trademarks must be distinctive and not descriptive to be registrable. Generic or misleading terms are not accepted.
• Sworn Declaration of Use: Upon the 5th year of a trademark's grant, a mid-term sworn declaration of use must be filed. Failure to do so could result in a third party requesting the trademark's lapse. Non-filing will also incur annual penalty fees.
• Requirement for Trademark Renewal: Having filed the mid-term sworn declaration of use is a prerequisite for trademark renewal.

We also offer trademark registration in the Peru, United States, Spain, and more than 150 other countries.

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