The Argentine Trademark Law No. 22,362 and complementary regulations establish several prohibitions that must be taken into account before filing an application. Below is a summary of the main categories of non-registrable signs.
Signs That Are Not Considered Trademarks:
Article 2 of the Law enumerates the signs that lack distinctiveness and therefore cannot be registered as trademarks:
Generic or descriptive terms: words that directly designate the product or service or describe its nature, function, or qualities.
Trademarks that have become generic: signs that, although originally distinctive, have entered into common use and lost their capacity to function as trademarks.
The necessary shape of a product: the usual or functional shape of a product cannot be monopolized.
A single color or the natural color of a product: an isolated color applied to a product cannot be registered, although distinctive combinations of colors may be eligible.
Signs That Cannot Be Registered as Trademarks
Article 3 of the Law includes additional cases in which, even if the sign has some degree of distinctiveness, its registration is prohibited:
Identical or confusingly similar marks: signs that could create a likelihood of confusion with trademarks previously applied for or registered for the same products or services.
Geographical indications or designations of origin: names of countries or regions linked to products whose characteristics are determined by their geographical environment.
Misleading marks: signs that may deceive consumers regarding the nature, quality, origin, composition, or price of the products or services.
Marks contrary to morality or public order: including offensive or obscene expressions, or those promoting unlawful activities.
Official names and symbols: such as flags, coats of arms, or names of provinces, municipalities, or recognized international organizations.
Names, pseudonyms, or portraits of individuals: these require express consent of the person concerned or their heirs up to the fourth degree.
Business designations: terms that directly describe a company’s activity. Example: “Compañía de Seguros“/ “Insurance Company” (although distinctive elements within such designations may be registrable).”
Non-distinctive advertising slogans: slogans must be original and not commonly used in commerce.
Other Non-Registrable Signs
Beyond the Trademark Law itself, there are specific prohibitions set forth in other legal provisions and international treaties:
Decree 206/2001: prohibits the registration of the terms biological, ecological, organic, ECO, or BIO for agricultural products (such as food, fibers, wood, furniture, or paper).
Decree 42.366/1934: prohibits private entities from using the word “National.”
Law 26,687: prohibits the registration of terms such as Light, Milds, Smooth, or Low in nicotine and tar content for tobacco products.
Paris Convention – Article 6 Ter: prohibits the registration of State emblems, official signs of control, and emblems of intergovernmental organizations without authorization. A recent example is the term “Patagonia”, which was recognized in 2022 as a State emblem of Argentina under Article 6 Ter of the Paris Convention, thereby preventing its registration as a private trademark.
Conclusion
Before filing a trademark application in Argentina, it is essential to conduct a registrability assessment, review existing records, and analyze possible legal restrictions.
At Legal Core Group, we assist our clients by verifying the viability of their trademarks, performing prior searches, and defining the most effective strategy for protection in the country.
Contact us to receive legal guidance.
