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Latest News: 05-02-2013 (Newsletter Issue 6/13)
Official Fees Increased
The Instituto Nacional de la Propiedad Industrial (INPI) has increased the fees for trademark filings in January, 2013. Currently, the new official trademark filing fees amount to USD 90 (approx.).

Publication fees are included in the filing fee as long as the trademarks are not bigger than 6 cm x 6 cm. If they are bigger than 6 cm x 6 cm up to a third part of the bulletin page, an additional payment must be done. This payment amounts to USD 20 (approx). If the trademark exceeds one third part of the page, the cost is USD 42 (approx).

Source: Rattagan Macchiavello Arocena & Peña Robirosa Abogados, Argentina

01-18-2013 (Newsletter Issue 1/13)
10th Edition of Nice Classification
As from January 1, 2013, the TM Office adopted the 10th Edition of the Nice Classification to distinguish goods and services for the registration of trademarks

Resolution Nr. P-297, taken by the President of the argentinean PTO, was published in the Official Bulletin last December 28th 2012.
It is to be noted, that this adoption includes Version 2013 of the 10th Edition, with titles and explanatory notes according to this latest version.

Other Latin-American countries who adopted the 10th Edition are Brazil, Chile, Colombia, Ecuador, El Salvador, Guatemala, Mexico, Panama, Paraguay, Peru and Uruguay.

Source: Moeller IP Advisors, Argentina

09-02-2012 (Newsletter Issue 13/12)
New Instructions to Examiners
The Instituto Nacional de la Propiedad Industrial (INPI) issued an internal note with instructions to examiners regarding objections based on the classification of goods and services on May 11, 2012.

These instructions state that:
1. If the examiner objects to the entire description of goods or services of a trademark application and the applicant’s response does not meet the examiner’s criterion, the application will be rejected.
2. If the examiner’s objections relate only to some goods or services of an application and the applicant’s response to the objection does not satisfy the examiner’s criterion, the application will continue its prosecution but the goods or services objected to will be excluded ex officio.

Previously, if the applicant’s response to an objection regarding the classification of goods or services was not accepted, the INPI would reject the entire trademark application, even in those cases where the objection applied only to specific goods and services.

The new instructions do not alter the substantive law. Applicants who disagree with a decision rejecting or partially excluding goods and services may still appeal to the INPI and, subsequently, before the Federal Courts.

Source: INTA Bulletin, vol. 67, no. 14, August 1, 2012

01-23-2012 (Newsletter Issue 1/12)
Renewal Period Amended
Recently, the Patent and Trademark Office of Argentina (INPI) published Resolution N° M-1735 in the official Gazette. It establishes a new way of computing the trademarks renewal period.

In the past INPI calculated the term of validity of the registration as from the granting date of the renewal, which in the practice represents a period of time from the expiration of the registration till the issuance of the organism's renewal resolution.

As from January 1, 2012, the trademark's renewal term will be counted from the date of expiration of the trademark duration. The renewals will be counted automatically, for identical and consecutive periods, no matter the time that takes the renewal to be granted.

Source: Moeller IP Advisors, Argentina

01-23-2012 (Newsletter Issue 1/12)
Translations to be Certified
In an Official Notification dated August 1, 2011, the Patent and Trademark Office of Argentina (INPI) reminded that after the filing of any document in a foreign language its Spanish translation by an Argentine sworn translator has to be filed. Consequently, the Spanish translation of the priority certificates must be certified by an Argentine sworn translator.

Source: Moeller IP Advisors, Argentina

09-01-2011 (Newsletter Issue 10/11)
Official Fees Increased
The Patent and Trademark Office of Argentina (INPI) has increased its official fees for filing trademark applications for registration effective July 1st, 2011. The current fees can be seen in the country survey (below).

Source: Rattagan, Macchiavello Arocena & Peña Robirosa Abogados, Argentina

02-01-2011 (Newsletter Issue 2/11)
Mediation Law Changed
The recent sanction of the Argentinean Mediation Law, Number 26859, has incorporated different changes which have direct effects in the trademark administrative proceeding.

Before same, in order to accept complaints of applicants claiming the cease of an opposition, Trademark Office required the completion of the mediation stage within one year as from the notification of oppositions lodged by third parties (according art. 16, Law 22362)
Though mediation is still a preliminary and compulsory stage before Court instance, new law has established that initiation of mediation within the annual term suspends the corresponding deadline that is being resumed from 20 days counted from the mediation Act closure. Term to complete mediation has been set in 60 days, so that there has been an extension of 80 days in that annual term which was originally provided by Trademark Law.
Consistent with these news, Trademark Direction has ruled Disposition N° 2038/10 which establishes:

- If initiation of a complaint or withdrawal of opposition/s takes place one year after the notification of opposition/s to the applicant, the interested party must justify that terms had been suspended. For such effects, applicant must file a copy of documentation which demonstrates the initiation, extension, or completion of the mediation stage.

- The application will be considered abandoned if the applicant does not give notice of a lawsuit or withdrawal of opposition/s, within three months counted from the annual term. In order to avoid this penalty, applicant must declare every three months that mediation stage is still pending.

These new modifications implies taking special care in the calculation of terms involved, and proceed with the required presentations in order to avoid the abandonment of the application.

Source: www.moellerip.com

07-09-2010 (Newsletter Issue 12/10)
Renewal Proceedings Changed
The renewal proceedings of trademarks have changed with the new disposition No. M-520/10.

Owner inconsistencies in trademark renewal proceedings must be amended with the pertinent documents showing the legitimacy of the applicant who filed the trademark renewal. The legitimacy must exist before or at the moment of renewing the respective trademark. Otherwise the nullity or rejection of the renewal proceeding could be declared.

This disposition entered in force on April 29, 2010 and will be applied to renewal proceedings that have not been resolved until that date.

Source: Moeller IP Advisors

02-16-2010 (Newsletter Issue 7/10)
Domain Owners Need to Update Data until March 1st, 2010
Domain owners: Data update or regularization needed until March 1st, 2010 to avoid cancellations of Registrant Entities and their registered Domains.

NIC Argentina will implement in 2010 a new registration and administration system for domain names. Therefore, each Registrant Entity will have to regularize the data registered in NIC Argentina’s database.
Those entities, which have not regularized their information until March 1st 2010, will be cancelled as well as the domains registered under their name.

- Registered Data – Update
The information like address, telephone No., fax No., etc. will have to be updated, since their falseness or inaccuracy could result in the loss of the domain and/or the cancellation of the Registrant Entity.

- Registered Data – Regularization
The data registered under a fantasy name, inexistent company names, non-updated data, duplicated entities, etc., must regularize their situation, since otherwise, this could derive in the loss of their domain names and/or the cancellation of the Registrant Entity.

- E-mail
It is compulsory for every Entity to have a valid and active e-mail address associated. Otherwise, the Entity will be cancelled together with the domains registered under its name.

- CUIT/DNI (Tax-ID-No./ ID)
It is compulsory that every Entity registers (declares) its CUIT, CUIL or DNI (Tax-ID-No. or ID). Otherwise, the Entity will be cancelled together with the domains registered under its name.

Furthermore, on November 25th, 2009 new rules for the registration of domain names under the country code top-level domain .ar (cctld.ar) were approved.

Source: Moeller IP Advisors, Buenos Aires, Argentina

Legal basis is the law of December 26th, 1980, in force since February 1st, 1981.
Trademark protection is obtained by registration. However, under certain circumstances, it is also possible to claim protection alleging the use of a trademark.
Argentina follows the first-to-file system.
Nice classification, 10th edition
In addition to words and drawings, it is also possible to register any sign which has a distinctive capacity such as combination of colours, numbers or letters for its special designs, shapes, emblems, holograms, threedimensional forms, sounds, fragrances, etc.
The following trademark types are registrable: trade marks, service marks, trade names and titles of establishment.
The application is filed with the Trademark Office.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A special, notarised and apostilled power of attorney is necessary.
Applicants from countries which are not member of the Agreement of The Hague concerning the exemption from consular legalisation of foreign documents need an authenticated power of attorney.
Foreign applicants do not need a domestic registration. Each applicant needs to establish a legal address in the city of Buenos Aires in order to receive all the corresponding notifications.
The Spanish translation of priority certificates must be certified by an Argentine sworn translator.
The application process includes a formal examination.
The Trademark application is published in the Bulletin for opposition purposes approx. 2 months after the filling.
TM application is also examined regarding distinctiveness and prior similar antecedents.
Unofficial information regarding obstacles met in the proceeding can be found out within 60-90 days after the expiration of the opposition period.
If no obstacles are met, the processing time from first filling to registration is approx. 18 months.
National:
The opposition period is 30 days from publication date of the application. If an opposition is filed against the application, the applicant has one year from the notification, to obtain withdrawal.
Upon expiry of this period, the application is deemed abandoned, unless a judicial decision on the merits of the opposition has been requested.
Before starting a legal action, the mediation procedure is mandatory. In this pre-trial instance a settlement is often reached, avoiding the trial.



Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.
A trademark registration is valid for 10 years from the date of registration.
It is renewable for periods of 10 years.
If the trademark is not been used as from the 5th year since the date of registration or within last 5 years previous to a cancellation action filed by third parties, the trademark can be challenged for non-use.
The use could have been made even on products or services other than the ones distinguished by the trademark registration to be renewed
The official trademark filing fee is approx. US$ 90 per class. There is no special fee for additional classes. The publication fee is already included in the filing fee.
Publication fees are included in the filing fee as long as the trademarks are not bigger than 6cmx6cm. If they are bigger than 6cmx6cm up to a third part of the bulletin page, an additional payment must be done. This payment amounts to US$ 20 (approx). If the trademark exceeds one third part of the page, the cost is US$ 42 (approx).

Trademark Licence Agreement
A trademark licence may be granted orally, but an oral agreement may be difficult to prove. In the event of technology transfer contracts the Technology Transfer Law prescribes that licences are granted in writing for them to be recorded with the Instituto Nacional de la Propriedad Industrial (INPI) in order for fiscal benefits to be obtained. Licensing of unregistered trademarks is permitted, but considerations limiting the scope of such licences should be taken into account. A licence can be restricted to only some of the goods and/or services in respect of which the mark is registered. The sale of a registered trade mark does not automatically terminate the licence. There are no statutory provisions prescribing the terms of licensing.

Recordal
Apart from the Register of Technology Transfer Agreements, there is no registry of licences in Argentina. Technology Transfer Agreements have to be recorded for tax benefits to be obtained, mainly according to the Federal Income Tax Law. The recordal should be effected before payments are transferred abroad. There is no prescribed form or content for a licence agreement.

Effectiveness
As the registration of a licence with the Trademark Office does not provide erga omnes effects against third parties, a licence is only effective and enforceable against a third party who is aware and is properly informed about the existence of the licence. The licence is not required to be published.

Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use. The licensee may join the proprietor in infringement proceedings if so agreed with the licensor. The licensee can call upon the trademark owner to institute infringement proceedings, but he is not entitled to institute proceedings in his own name if the proprietor refuses or neglects to do so, unless the licensor permits him to do so. In this event, the licensee must cite the proprietor as co-defendant in any such proceedings, unless the licence agreement provides otherwise.

Remarks
In the case of licences which involve foreign parties and which meet the requirements of the Technology Transfer Law, difficulties may arise with transfer payments since the Law requires the registration of the contract with the INPI in order to obtain fiscal benefits.
Search type First class Add. class
Word Mark Search (availability) 210,00 € 150,00 € 
Word Mark Search (identical) 190,00 € 120,00 € 

The Prices above are S.M.D. Markeur Search Fees
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
We would like to thank the following law firms for their assistance in updating the information provided:
Country Survey
07-17-2012
Moeller IP Advisors, Buenos Aires, Argentina

Licensing
12-08-2011
Moeller IP Advisors, Buenos Aires, Argentina
Rattagan Macchiavello Arocena & Peña Robirosa Abogados, Buenos Aires, Argentina


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Instituto Nacional de la Propriedad Industrial (INPI)
Paseo Colón 717
1063 Buenos Aires
Argentina
Tel + 54 11 43 44 49 67 or 43 44 49 68
Fax + 54 11 43 44 52 86
Mail infomarcas@inpi.gov.ar
www.inpi.gov.ar