1、 Introduction to Argentine Trademarks

1. Argentine law belongs to the civil law system, and trademark registration is based on the principle of prior application. The prior applicant of the trademark will receive the trademark registration, while unregistered trademarks have no legal protection

2. The concept and types of trademarks:

(1) A trademark is a mark used to distinguish products and services;

(2) A trade name is a name or mark used to indicate both for-profit and non-profit entities;

(3) Argentine trademark law protects both commodity and service trademarks, as well as color trademarks.

3. Trademark classification: Transitional provision: Registered trademarks that expire after August 1, 1981 must be reclassified in accordance with the Nice Agreement on the International Classification of Goods and Services at the time of application for renewal or before the expiration of their validity period, as required by the authorities. Trademark applications submitted after February 1, 1981 directly adopt the current Nice Agreement international classification.

4. Argentina is a signatory of the Stockholm Convention for the Protection of Industrial Property and a member of the World Intellectual Property Organization.

2、 Required documents for Argentina application

1. Apply as a legal entity, with one copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;

2. The applicant's detailed information (in both Chinese and English), including name or title, nature, nationality, as well as detailed address, postal code, and contact information;

3. Electronic trademark samples;

4. Product name and category;

5. A notarized and authenticated power of attorney with a footnote to the Hague Convention.

3、 Application and registration of trademarks in Argentina

1. Applicant qualifications: Anyone with a legitimate interest in the applied trademark can apply for trademark registration, including domestic and foreign legal persons, natural persons, and social organizations.

2. Argentina application process (smooth progress):

(1) Formal examination: the legality examination of the submitted application documents, trademark designs, power of attorney and other documents after the application is submitted; Those who meet the requirements will be granted the application date and application number.

(2) Substantive examination: Based on the law, examine whether the trademark has registrability, whether it is the same or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant may submit a re examination within the time limit from the date of receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained.

(3) Announcement: After examination, the examiner considers that the trademark application can be accepted and will publish an announcement in the official trademark announcement of Argentina. The objection period is one month from the date of announcement.

(4) Registration approval in Argentina: Trademarks that have been ruled eligible for registration after opposition, or trademarks that have been published without opposition, will be granted registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 30-36 months.

3. Argentine trademark validity period: The validity period of trademark registration is 10 years, starting from the date of registration. When the validity period expires, an application for renewal can be made, and the renewal period is also 10 years. When applying for trademark renewal, a trademark use declaration must be submitted. The use statement must be a trademark use statement for at least one category of goods registered with the trademark, or a statement for the use of the trademark as a trade name (including joint use with related products, services, and commercial activities), within 5 years prior to the expiration of the trademark's validity period.