What is a Trademark? What can be registered as a Trademark in Argentina?
A Trademark is a sign with a distinctive capacity that makes it possible to differentiate the products or services offered by a person or company from those of its competitors. As indicated by the Argentinean Trademark Law No. 22,362 the following can be registered as Trademarks to distinguish products and services: “one or more words with or without conceptual content; the drawings; the emblems; monograms; the engravings; the prints; seals; images; bands; the color combinations applied in a specific place on the products or on the packaging; wrappers; containers; combinations of letters and numbers; the letters and numbers for their special drawing; advertising phrases; reliefs with distinctive ability and any other sign with such ability“.
What kinds of Trademarks exist?
Denominative: When the trademark only consists of text, it is the trademark name.
Figurative: When the trademark is an image without text.
Mixed: When the trademark is an image with a design that includes words, letters, numbers or a combination of several or all of them.
Three-dimensional: When the trademark is the shape of an object externalized through different views.
Sound: When the trademark is a distinctive sound for a product or service.
Olfactory: When the sign is olfactory to distinguish a product.
Sequential: When the sign is made up of a sequence of movement (animated).
Is it mandatory to register my Trademark in Argentina?
Although trademark registration is not mandatory in Argentina, only with its registration the title of property and exclusive right over it are obtained. If your brand is not registered you could also be infringing third parties rights.
Where Are Trademarks Registered in Argentina? Is the filing done in person?
In Argentina, trademarks are registered with the National Institute of Industrial Property (INPI) and the filing can be done online.
Do I need to hire an Agent or Lawyer to register my Trademark in Argentina?
Altough hiring an agent or lawyer is not mandatory, foreigns seeking to register their trademark in Argentina will need access to the Federal Revenue Agency System. Additionally, foreigns will need to establish an address in the City of Buenos Aires at the moment of filling an application. As a consequence, it is highly recommended to hire a specialized lawyer to file an application on your behalf.