CUSTOMS – Border Protection
Import of products containing fake trademarks
Article 46 of Law No. 25,986 (which amends the Customs Code) establishes the prohibition to import or export “[…] goods under any suspensive or definitive customs destination, when the simple verification thereof shows that the goods are counterfeits or fakes
Recordal of trademarks with Customs
Resolution No. 2216/2007 of the Customs General Bureaucreated the “Alert System”. Through this system, trademark, copyright and related rights´ holders are able to record their rights, receiving alerts of possible infringing goods and thus, the possibility of inspecting them.
FAQs
In order to record a trademark in the Alert System, it is necessary to provide information regarding the trademark holder, the trademark registration certificate, the characteristics of the products identified with the trademark, the origin of the products and the licensees authorized to import the products, among others.
The recordal of a trademark in the Argentine Alert System is valid for 2 (two) years. Such registration may be extended for consecutive periods of 2 (two) years each.
General Resolution 4571/2019 in its Annex I establishes that “The holders of trademark registrations that are not registered in the “Alert System”, when they become aware of the next entrance into the national territory, of merchandise that could affect and/or damage their rights, may request to attend the physical verification of such merchandise”. For this purpose, it is necessary to file a request, indicating the data of the operation and of the merchandise in presumed infringement.
In the event of a case of trademark fraud, customs measures may be requested (such as the verification of goods before they are released), preliminary injunctions to prevent the infringement from continuing, ordinary actions before the civil and commercial courts and criminal actions.
In Argentina, Trademark Law 22172 does not regulate the exhaustion of trademark rights and parallel imports. However, according to case law, parallel imports would not be prohibited in our country, so that, in principle, a product legally purchased abroad could be resold in Argentina without the permission of the trademark owner of such product.
Our services related to Customs
General Counseling
At Legal Core Group, we provide legal counseling on trademark rights, import restrictions, and actions against counterfeit goods. We assist clients in evaluating potential risks at customs and in identifying strategies to protect their brands from trademark fraud or unauthorized commercialization within Argentina.
Recordal of Trademarks with the Customs Alert System
We handle the registration and renewal of trademarks in the Argentine Customs Alert System, which notifies rightsholders of potentially infringing goods entering the country. This system enables trademark owners to request inspections and take preventive action. The registration is valid for two years and can be renewed consecutively.
Legal Actions
At Legal Core Group, we represent clients before Argentine Customs and Civil or Commercial Courts in cases of trademark infringement. We take legal action to stop the unauthorized use of trademarks, request verification of goods at customs, and pursue compensation for damages and losses caused by counterfeit or infringing imports.