In Argentina, trademark rights are obtained through registration before the National Institute of Industrial Property (INPI). Therefore, securing legal protection over a trademark requires filing an application with the Argentine Trademark Office.
When seeking to register a trademark in Argentina, certain common mistakes may lead to delays, objections or oppositions during the registration process. Below are five of the most frequent issues encountered when filing trademark applications in this jurisdiction.
1) Not Conducting a Trademark Availability Search Before Filing
One of the most common mistakes is filing a trademark application without conducting a prior availability search.
A trademark search involves identifying previously filed or registered trademarks that may be identical or confusingly similar to the proposed mark. Since Argentine trademark law follows the “first-to-file” principle, the party that files the application first generally obtains priority over the mark.
Conducting a search before filing helps assess the risk of conflicts with earlier rights and allows applicants to evaluate the likelihood of success of the application.
2) Choosing a Descriptive or Generic Trademark
Another frequent mistake is selecting a descriptive or generic sign as a trademark.
Sections 2 and 3 of the Argentine Trademark Law No. 22,362 establish several absolute and relative grounds for refusal, including signs that are descriptive, generic, misleading or lacking distinctiveness.
3) Incorrect Classification of Goods or Services
Argentina adopts the Nice Classification to classify goods and services for trademark registration purposes.
Argentina operates under a single-class filing system, meaning that a separate application must be filed for each class of goods or services.
To facilitate the correct identification of goods and services, the Argentine Trademark Office relies on the TMclass database as a reference tool. Using standardized terms included in this database may result in a faster formal examination of the application.
4) Not Submitting the Power of Attorney Within the Required Term
When filing a trademark application in Argentina through a lawyer or Industrial Property Agent, a Power of Attorney (POA) is generally required.
Although the application may be filed first, the Power of Attorney must normally be submitted within 40 business days from the filing date.
5) Submitting an Inadequate Image of the Trademark
When filing figurative or combined trademarks, the representation of the mark must be submitted in JPG format, with adequate resolution and a maximum file size of 2 MB.
A common mistake is submitting images that are unclear or of insufficient quality, which may result in formal observations by the Trademark Office and delays in the application process.
Conclusion
The issues described above are among the most common mistakes encountered when filing trademark applications in Argentina. Proper preparation before filing can significantly reduce the risk of objections, oppositions or delays during the registration process.
For further information regarding trademark searches, filings or trademark prosecution in Argentina, please contact us.
