Classification of trademark

Before starting the trademark registration process, it is important to determine for which class/s it should be applied for. To this end, Argentina adopts the Nice Agreement for the Classification of Trademarks.
There are 45 classes in total, 34 of them include products and 11 include services.

Availability report

The Availability Report concerning a trademark registration, is a report providing information on the availability of a trademark for registration. It comprises a search on antecedents (previously registered or filed trademarks) to detect if there are any trademarks that may hinder the intended sign and a legal opinion on the likelihood of successful registration of the trademark. At Legal Core Group we offer andp perform availiability reports prior to trademark application filing

Registration of trademarks

In accordance with the provisions of art. 4 of the Law of Trademarks and Designations of Argentina No. 22,362, the legal protection of a trademark is obtained only through its registration. At Legal Core Group we carry out trademark registrations in Argentina and we offer registration services in other countries, through our correspondents.

Reply to office actions

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 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 the reply to office actions served by INPI.

Negotiation during opposition procedures

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. As 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 there 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 service

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 in case 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 against said application and/or take any other type of action. If you have registered a trademark on your own or you have a pending trademark application, we can also offer you this service.

Agreements

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 in such a way that the parties involved have no doubts about the scope of the rights and limitations established therein. At Legal Core Group we can advise you on the negotiation of trademark agreements and also draft and/or review agreements for the use or assignment of trademarks.

Trademark infringement

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 the further infringement, to preserve evidence of an infringement and/or to 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.

Nullity of trademarks

The Trademark and Designations Law establishes that registered trademarks are null and void when: a) is 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 bring a lawsuit in court. At Legal Core Group we can represent you in trademark nullity proceedings.

Cancellation of trademarks

At the request of 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 from 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.

General Counseling

Image Right is a very personal right. That is why it is necessary to take due precautions when using images of third partiess. At Legal Core Group we provide general counseling on how to protect image rights, whether it is possible to use or not to use certain images, how to manage the use of stock images and how to implement authorizations on image use.

Agreements

To use a person’s image it is necessary to obtain his or her consent. This consent can be executed by means of an agreement or a written authorization establishing the conditions under which the image can be used (for example, in what territory, for what purposes, if any consideration is received, etc.). At Legal Core Group we can assist you in the drafting and/or reviewing of contracts, authorizations or releases on Image Rights..

Actions against infringment

When a person’s image is used without his or her consent, it is possible to file legal actions, such as summons, pre-judicial mediations, precautionary measures and/or lawsuits, to prevent the image from being further disseminated and/or to claim damages and losses caused by the illegitimate use. At Legal Core Group we can represent you in the defense of your image both in pre-judicial and judicial instances.

Registration of works

The registration of intellectual works is filed with the National Directorate of Copyrights (DNDA). The registration requirements vary depending on the type of work to be protected. The procedure is not mandatory, because the author’s rights over his work arise at the very moment of its creation, but it serves to obtain a proof of authorship and an accurate date of its creation. At Legal Core Group we provide advice and perform registrations of copyrighted works..

Agreements

Copyright agreements regulate the conditions according to which a copyrighted work is to be created and/or exploited and/or assigned. Some examples are the publishing contracts, software licenses, music composition and production contracts, audiovisual production contracts (including the rights of the director, screenwriter, actors, etc.), among many others. At Legal Core Group we can advise you at negotiations, in drafting and/or reviewing of contracts involving any type of copyright.

Actions against Infringement

When a copyrighted work 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 the continued use of the work, to preserve evidence and/or to claim damages and losses caused by the illegitimate use. At Legal Core Group we can represent you in the defense of your works both in pre-judicial and judicial instances.

General Counseling

At Legal Core Group we provide general counseling on the best way to protect, exploit and/or defend copyrights. Depending on the type of work and/or project, it may be possible to protect different aspects thereto. We are available for you to tell us about your projects or concerns and help you protect and resolve them. To do so, you can schedule an appointment with an intellectual property lawyer, for corresponding counseling.

Actions against infringment

When a registered industrial model or design is used without the authorization of its owner, it is possible to file legal actions, such as summons, pre-judicial mediations, precautionary measures and/or lawsuits, to prevent the further infringement , to preserve evidence of an infringement and/or to claim damages and losses caused by the illegitimate use. At Legal Core Group we provide you with counseling in relation to the infringements of your models and propose a strategy to move forward against the infringers.

Registration of rights

Industrial Models and Designs are registered with the National Institute of Industrial Property (INPI) and are valid for 5 (five) years as from their registration. Likewise, Industrial Models and Designs in Argentina may be renewed for two additional consecutive periods of 5 (five) years each. At Legal Core Group we register industrial models and designs both in Argentina and abroad, as well as renewals thereof.

Agreements

Industrial Models and Designs agreements allow to establish in advance the conditions under which the use of an industrial model is granted or authorized. For example, it is possible to grant a license, assign an industrial model or design, among others. It is essential that the parties have no doubts about the scope of the rights and limitations established or intended to be established therein. At Legal Core Group we draft, review and negotiate agreements in relation to industrial models and designs. Ask for a quotation.

Nullity of Industrial model or design

Decree Law 6.673/63 establishes that the registration of an industrial model or design will be cancelled when it has been made (i) by a person who was not its author or (ii) in violation of the provisions of such decree. It also establishes that the cancellation must be ordered by a final verdict of the federal courts, at the request of the interested party. Thus, it is possible to request before the courts, the cancellation of the registration of an industrial model or design. At Legal Core Group we can represent you both in the pre-judicial and judicial instances.

Patent availability report

Prior to filing the application for a patent or utility model on an invention, it is advisable to carry out a prior state of the art search (i.e., the knowledge that has been made public until the time of filing the application). At Legal Core Group we perform patent searches and analysis to evaluate the availability of protecting an invention through patent or utility model rights.

Patent application

In order to obtain the protection of an invention by means of a patent, it is necessary to obtain the grant thereto before the National Institute of Industrial Property. It is important to bear in mind that patenting an invention is a complex and technical process and in Argentina the patenting time can take between 6 to 8 years from the time the application is filed. At Legal Core Group we can assist you in the drafting of patent applications as well as in all the further stages of this process.

Reply to office actions

During the patenting process of an invention, the Patent Office (INPI in Argentina) may make observations on formal defects or on the lack or insufficiency of any of the patentability requirements. The legal term to answer the observations issued by the INPI varies depending on the type of requirement. In order to reply to these requirements issued by the INPI, the intervention of an Industrial Property Agent or a licensed attorney is mandatory.

Payment of maintenance annuity fees

Maintenance annuity fees are the payments that patent or utility model certificate holders must make to keep their exclusive right in force. In Argentina, Resolution INPI P. 225/2003 establishes that the Maintenance annuity fees shall be paid in advance during the entire term of the patent or utility model certificate, being payments due as from the grant notification . At Legal Core Group we take care of paying these annuities for your patents or utility models.

Agreements

Patent agreements regulate the conditions under which the use of a patent is developed, assigned or authorized (i.e. patent licenses, confidentiality agreements, patent development investment agreements, among others). It is important that patent agreements are drafted in such a way that the parties involved have no doubts about their scope. At Legal Core Group we can advise you in the negotiation and also draft and/or review patent agreements.

Infringements

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

Nullity of patents

The patent law establishes that patents of invention and utility model certificates will be null and void in whole or in part when they have been granted in violation of the provisions of the law. The nullity must be declared by the courts. The federal civil and commercial courts are the competent legal authorities to decide on these matters and it is necessary to have legal sponsorship of a lawyer. At Legal Core Group we can advise and assist you in all stages of the patent nullity process.

Registration of data bases

Law No. 25,326 on Personal Data Protection requires the registration of data bases or files for reporting purposes with the Agency for Access to Public Information (AAIP). The procedure consists of a sworn statement regarding the data being collected, the form of collection, the security measures adopted, the performance of international assignments or transfers, among others. Prior to the registration of a database, it is necessary to register the person who will be responsible for such database. At Legal Core Group we carry out the procedures for the Registration of Database Managers and the Registration of Databases before the AAIP.

Drafting of privacy policy

All those who develop a website or mobile application must have a privacy policy so that users know how and for what purpose their personal data is collected and processed, as well as to know their rights. Privacy policies should clearly explain what data is collected, how it is used and with whom it is shared. For this, it is important to draft a policy according to the business, technologies used and regulations that apply. At Legal Core Group we draft privacy policies according to the particularities of each business and the technologies used.

Drafting of video surveillance manuals

Provision 10/2015 issued by the National Directorate for the Protection of Personal Data states that “[…] an image or film record constitutes, for the purposes of Law No. 25,326, a personal data, as long as a person can be determined or determinable […]”. By virtue of the above, it is necessary to register the Video Surveillance database and also to submit a Video Surveillance Manual that must comply with the provisions of the regulation. At Legal Core Group we can assist you with the drafting the Video Surveillance Manuals that must be submitted when registering this type of database.

Drafting of security documents

The LPDP (Law of protection of personal data) establishes the obligation of the responsible or user of the data file to adopt technical and organizational measures to guarantee the security and confidentiality of personal data, in order to avoid its adulteration, loss, consultation or unauthorized treatment, allowing the detection of information deviations. That is why it is essential to record the measures adopted and the compliance with the established rules. At Legal Core Group we draft security documents including the necessary procedures to protect the personal data of an organization and guarantee compliance with the applicable regulations.

Non disclosure agreements (NDAs)

Non-Disclosure Agreements establish the obligation to keep certain information, knowledge or industrial secret confidential, i.e., not to disclose it to third parties without the owner’s authorization. NDAs are usually used in commercial negotiations on agreements involving intangible assets, such as know-how transfers; licenses, collaboration agreements, etc. At Legal Core Group we draft NDAs according to the needs of the parties involved and the particularities of the rights involved.

Technology transfer agreements

Technology transfer agreements regulate the conditions under which a certain technology is transferred or licensed. It is important that agreementss involving the transfer of technology are drafted in a clear and complete manner and that they comply with the legally established requirements so that they can be registered and obtain the effect derived from their registration. At Legal Core Group we can advise you in the negotiation of technology transfer contracts and also draft and/or review this type of contracts so that you can take advantage of the benefits of their registration.

Recordal of Technology transfer agreements

The recordal of Technology Transfer agreements allows national companies that acquire technology from a foreign supplier or licensor to obtain tax benefits and provides publicity and certain date to the contracts entered into between local parties. For this reason it is very important to record this type of contracts before the National Institute of Industrial Property (INPI). At Legal Core Group we carry out the registration of technology transfer contracts, both between local parties and between local and foreign parties.

General Counseling

At Legal Core Group we provide general counseling in relation to imports, trademark rights and trademark fraud.

Recordal of Trademarks with the Customs Alert System

At Legal Core Group we carry out the registration and renewal of trademarks in the Argentine Customs Alert System.

Legal Actions

At Legal Core Group we can represent you before the Argentine Customs and/or the civil and commercial courts to claim the cessation of the undue use of trademarks, as well as for the damages and losses caused by the infringers.