1. Multiple class
A separate trademark application must be filed for each class in Argentina.
2. Minimum of filing documents in Argentina
i) request to register a trademark;
ii) name and address of the applicant(s);
iii) images of mark (except for word marks, five clear prints are required);
iv)specifications of goods and services.
3. Requirements for the Power of Attorney
The notarized and legalized by apostil or by Argentine Consul Power of Attorney may be provided within 40 business days from filing trademark application in Argentina.
4. Priority document
The certified copy of the priority document must be provided within 90 days from filing an Argentine trademark application. The Certified translation thereof into Spanish may be provided later.
5. Validity term
The validity of a trademark in Argentina is 10 years starting from the application filing date.
6. Opposition period
The opposition period for Argentine trademark application is 30 days from the publication of an application.
The trademark in Argentina may be renewed an unlimited number of times every 10 years. For further renewal of a trademark an applicant must submit sworn Declaration of Use.
8. Use requirement
The trademark in Argentina may be subject to cancellation if it has not been used within 5 years from registration.
9. Whether the trademark attorney is required
Foreign persons must perform any trademark prosecution in Argentina through an agent, a registered Argentine patent attorney.
10. What can be registered as a trademark in Argentina.
The following may be registered as trademarks in Argentina: words, drawings, emblems, monograms, engravings, stampings, seals, images, bands, combinations of colors applied at a specific location on the product or on the packages, wrappings, packages, the combination of letters and numbers, letters and numbers on account of their special design; advertising slogans, contours having the capacity to distinguish and any other sign with such capacity.
International Agreements : Montevideo Convention of 1889 (relating to Patents), Paris Convention, Hague Convention of 1961, TRIP’S GATT Agreement, UPOV.
Patent Types : Letter Patents, Additional or Improvement Patent.
Novelty Requirements : Worldwide Novelty – An Invention will be considered a Novelty where it is not comprised in the sate of the Art. State of the Art should be understood to mean the set of technical knowledge disclosed to the public before the Patent application date or the acknowledged Priority date by means of a verbal or written description, by exploitation or any other means of disclosure or information, in the country or abroad. A Novelty will not be affected if the inventor has disclosed the invention within the terms of one year before the application or the acknowledged priority date, provided that the inventor has so declared and proved in the application submitted in Argentina.
Claiming Priority : Yes
Examination : Yes – Preliminary & substantive examination.
Protection Period : 20 Years – from filing date
Publication : Yes – about 2 years from filing date
Opposition : Yes – within 60 days as of publication date
Annuity Payments : Yearly after granting
Compulsory Licensing : Yes – if the invention is not exploited within the term of 3 years as of granting date of the patent or 4 years as from application date, or if exploitation had been
discontinued for more than one year, except in a case of Force Majeure.
Working or nominal working of Patents/Inventions : Yes
Important Notes : Any objections are to be remedied within 60 days of Notice thereof.
1. Power of Attorney legalized up to Argentine Consulate or Apostille.
2. Details of the Applicant.
3. Description of the Invention and One or more claims(s) in Spanish.
4. Priority document (if claiming priority).