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Trademarks

Before starting the trademark registration process, it is essential to determine the class or classes in which it should be registered. Argentina adopts the Nice Agreement for the Classification of Trademarks. There are 45 classes in total, 34 of which cover products, and 11 cover services.

The Trademark Registration Availability Report provides information regarding the availability of a trademark for registration. It includes a search for prior trademarks (registered or applied for earlier) to identify potential conflicts and a legal opinion on the likelihood of successful registration. At Legal Core Group, we prepare Availability reports before submitting trademark registration applications.

As established in Article 4 of Argentina’s Trademark and Designations Law No. 22.362, legal protection of a trademark is only obtained through registration. At Legal Core Group, we handle trademark registrations in Argentina and offer registration services in other countries through our correspondents.

During the substantive examination of a new trademark application, the Trademarks Office (INPI in Argentina) may serve legal objections on the registrability of the trademark or may request the compliance with the formal requirements of filing. In order to reply to the office actions served by INPI, the intervention of a local Industrial Property Agent or a licensed attorney is mandatory. At Legal Core Group we have more than 10 years of experience in replying to office actions served by INPI.

The Argentine Trademark and Designations Law provides that oppositions to the registration of a new trademark may be lodged within thirty (30) calendar days as of its publication. From the notification of the opposition, there is a term of 3 (three) months to negotiate the withdrawal of the opposition with the opponent. If an agreement is reached and the opponent ratifies the opposition, an administrative opposition resolution procedure is initiated. Legal Core Group will represent you in the filing, negotiations, and throughout the opposition resolution procedure before the INPI.

Trademark watching is the daily surveillance to detect trademark applications that may conflict with those of our clients. At Legal Core Group, we offer this service free of charge for clients who have registered their trademarks with us. This means that if a new trademark confusingly similar to our clients’ is published, we immediately notify our clients so that they can decide if they want to oppose the application and/or take any other action. If you have registered a trademark on your own or have a pending trademark application, we can also offer you this service.

Trademark agreements regulate the conditions under which the use of a trademark is assigned or authorized. Trademark agreements include, for example, trademark license agreements, trademark assignments, franchise or distribution agreements, among others. It is important for agreements involving trademarks to be drafted clearly so that all parties involved understand the scope of the rights and limitations established. At Legal Core Group, we can advise you on negotiating trademark agreements and also draft and/or review agreements for the use or assignment of trademarks.

When a trademark is used without the authorization of its owner, it is possible to file legal actions, such as summons, pre-judicial mediations, precautionary injunctions, and/or lawsuits, to prevent further infringement, preserve evidence of the infringement, and/or claim damages and losses caused by the illegitimate use. At Legal Core Group, we can assist you in any of these procedures, both in pre-judicial and judicial instances.

The Trademark and Designations Law establishes that registered trademarks are null and void when:
(a) they are in violation of the provisions of the law;
(b) the applicant, at the moment of filing, knew or should have known that the sign belonged to a third party;
(c) For the purpose of commercialization, by a person whose habitual activity is the registration of trademarks for such purpose.
The nullities mentioned in item (a) are resolved by the INPI, ex officio or at the request of a party, in administrative proceedings. To request the nullity of trademarks on the grounds of items (b) and (c), it is necessary to bring a lawsuit in court. At Legal Core Group, we can represent you in trademark nullity proceedings.

At the request of a third party or ex officio, the INPI may declare the cancellation of a trademark that has not been used in the country within five (5) years prior to the cancellation request, except in cases of force majeure. As of June 12, 2023, the INPI may also declare the partial cancellation of trademarks. In order to request the cancellation of a trademark, the intervention of an Industrial Property Agent or a licensed attorney is mandatory. At Legal Core Group, we can represent you in trademark cancellation proceedings.

Legal Core Group

We specialize in the protection of intangible assets in Latin America and the rest of the world through our partners

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+54 9 11 2403 9641
info@legalcoregroup.com.ar
7th floor, Office 6, 1110 Av. Roque Saenz Peña, CABA, 1035 Argentina

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