What does a trademark assignment involve?
A trademark assignment is the transmission of rights over a trademark from one owner to another.
Recording an assignment before the Argentine Patent and Trademark Office (INPI) requires declaring and submitting the instrument that gives rise to the transfer of rights, such as an assignment agreement, purchase agreement, donation, etc.
The purpose of registration is to give publicity to the assignment and, consequently, make it enforceable against third parties.
Types of assignments
- Total: covers 100% of ownership.
- Partial: refers to a specific percentage.
- By products or services: limited to certain goods or services within the same class.
Requirements to record a trademark assignment in Argentina
In order to record a trademark assignment before INPI, the following formal and documentary requirements must be met:
- Assignment document:
The instrument formalizing the assignment must expressly include:
The assignor’s express intention to assign the trademark and the assignee’s acceptance.
Clear identification of the trademarks to be transferred: application or registration numbers and corresponding Nice class.
The scope of the transfer (total, partial, or limited to specific goods/services).
The price of the transfer. If no consideration is stated, the transfer will be presumed to be gratuitous. - Signatures of the parties
The document must be signed by both the assignor and the assignee.
If executed as a private instrument, the assignor’s signature must be notarized by a public notary.
If the assignor is an individual, the signature of their spouse is also required and must be duly notarized. - Legalization / Apostille
If the agreement is executed abroad, it must be apostilled or legalized by the Argentine consulate in the country of origin.
- Official translation
Documents in a foreign language must be translated into Spanish by an Argentine sworn translator.
- Trademark certificate
It is not necessary to file the original certificate of registration, since it is digital. Instead of issuing a new certificate, INPI provides an “Annex for Ownership Update” confirming the new ownership details.
Duration of the procedure
If the application is not subject to objections, the recording of the assignment takes approximately one month.
Conclusion
At Legal Core Group, we advise both national and international companies throughout the entire trademark assignment process in Argentina, from drafting the assignment agreement to obtaining definitive registration before INPI.
Relying on specialized legal advice is the best way to ensure that the process is carried out efficiently and securely, avoiding rejections or future legal and administrative contingencies.
Contact us to receive legal guidance.
