Argentina (AR)
Latest News: 07-09-2010 (Newsletter Issue 12)Renewal Proceedings ChangedThe 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)
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.
The 9th edition of the Nice classification of goods and services consisting of 45 classes is applied.
Trademark protection is obtained by registration. However, under certain circumstances, it is also possible to claim protection alleging the use of a trademark.
In addition to words and drawings, it is also possible to register any sign which has a distinctive capacity such as combination of colours, shapes, numbers, 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 at 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. They need to establish a legal address in the Federal Capital in order to receive all the corresponding notifications.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is approx. 18 months.
The first office action is taken after approx. 2 months.
Prior to registration, the trademark application is published in the weekly „Boletin de Marcas“ approx. 2 months after the filing for opposition purposes.
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.
A pre-trial mediation is mandatory in order to avoid litigation expenses for those cases that can be settled without court action.
A trademark registration is valid for 10 years from the date of registration.
It is renewable for periods of 10 years. To renew registration, an applicant must include a sworn Statement, that the trademark was used within 5 years prior to its expiration.
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 official fee is approx. EUR 85.00 per class.
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
210,00 € |
150,00 € |
| Word Mark Search (identical) |
190,00 € |
120,00 € |
| Extended Search (word mark, company name, domain) |
820,00 € |
150,00 € |
| Device Mark Search (availability) |
440,00 € |
310,00 € |
| Trademark Owner Search |
210,00 € |
|
| Company Name Search |
700,00 € |
|
| Domain Name Search (extended) |
72,00 € |
|
| i-Search (word mark availability + legal opinion) |
370,00 € |
230,00 € |
The Prices above are S.M.D. Markeur Search Fees