Argentina is a member of the Paris Convention. Priority may be claimed within 6 months from the filing date of the basic trademark application.
Argentina has adopted the International Classification of Goods and Services.
10 years from the date of registration.
Trademarks are renewable for l0-year periods provided the use requirements are complied with.
GRACE PERIOD FOR RENEWAL
In order to renew a trademark registration, a sworn declaration of use must be filed, stating that the mark has been used in Argentina within the five-year period preceding the expiration date and specifying the goods, services or activity on which it was used. This declaration must be submitted together with the application. Evidence of use is not required. Use on any goods or services (even if unrelated to the goods or services covered by the registration) or as a commercial name would support a renewal application. Therefore, it is possible to renew defensive registrations.
If a trademark has not been used within five years prior to the due date, a new application for the same mark could be filed immediately upon expiration of the existing registration.
A trademark registration may be declared lapsed as a consequence of an action brought by a third party if not used within five years prior to the start of such action.
It is recommended that a mark be used (1) within five years from the date of registration (to render it invulnerable to attack) and (2) within five years prior to expiration (to permit renewal). Use under (1) is a precautionary measure. Use under (2) is essential for renewal purposes.
Applications are published for opposition in the Trademarks Bulletin. If no opposition is filed within the 30-day period following publication, and no official objections are raised, the application proceeds to grant.
If the application meets with opposition, the applicant is given a one-year term as from the date he is officially notified of the opposition, in which to obtain the amicable withdrawal of the opposition through direct negotiations with the opponent(s). The Trademarks Office does not participate in the opposition proceedings nor renders any opinion on the merits of the opposition.
If the opposition is not withdrawn within the one-year term and the applicant does not start Court proceedings against the opponent(s) before expiration of said term in order to set the opposition aside, the application is declared abandoned. A mediation hearing is mandatory before the matter could be referred to the Courts.
Applications are subject to novelty and registrability examinations.
REQUIREMENTS FOR FILING A TRADEMARK APPLICATION
1. Non-Convention trademark applications
a. Power of Attorney, signed before a Notary Public and legalized by the Argentine Consul or with an Apostille under The Hague Convention. This document must be filed within 40 working days from the application date.
b. Specification of goods, (it is possible to apply for all goods in the class(es) of interest.
c. If the mark is characterized by a special script, design or device, a specimen of the mark is required from which prints could be prepared.
2. Convention trademark applications
(a), (b) and (c) as above.
d. Certified copy of the basic Foreign application. Legalization is not required. This document must be filed within 90 days from the application date.
REQUIREMENTS FOR RENEWAL
e. Sworn declaration of use. Legalization is not required. The sworn declaration of use may be signed by the local attorney.
REQUIREMENTS FOR RECORDAL OF ASSIGNMENT
i) Deed of Assignment, signed by both Assignor and Assignee before a Notary Public and legalized by the Argentine Consul or with an Apostille under The Hague Convention. If the local attorney holds a Power of Attorney from the Assignee, only the Assignor's signature must be notarized and legalized.
ii) Certificate of Registration in order to have it endorsed with the assignment. If this document is not available, a duplicate copy may be obtained.
REQUIREMENTS FOR RECORDAL OF CHANGE OF NAME
i) Certificate of Change of Name, legalized by the Argentine Consul or with an Apostille under The Hague Convention.
ii) Certificate of Registration in order to have it endorsed with the change of name. If this document is not available, a duplicate copy may be obtained.