	Trademarks
	Argentina
	(Latin America/Caribbean) Updated 22 Mar 2021
What is the system for trademark protection in your country?	The system for trademark protection in Argentina includes: Registration
To which international treaties does your country belong?	Argentina belongs to the following international treaties: Paris Convention Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks Nairobi Treaty on the Protection of the Olympic Symbol
What are the benefits of registering a trademark in your country?	The benefits of registering a trademark in Argentina include: It prevails over common law rights It entitles the proprietor to bring an infringement action
Is it possible to obtain registration for the following types of marks under the registration system in your country?	Service marks Yes Defensive marks Yes Collective marks No Certification marks No Well-known marks No Series marks Yes, no special requirements. Marks in a different language or characters other than Roman characters Yes, no special requirements. Non-traditional marks: Sound marks Yes, a written description (i.e. musical notes on a staff) plus digital samples. Non-traditional marks: Smell marks Yes, a written description of the smell mark must be included in the application. Physical samples may also be incorporated into the official paper file. Non-traditional marks: Position marks Yes, position marks must be represented with a dotted line in the design. Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color) Yes, provided that the color or the combination is applied to goods or services. The colors must be represented in the application. Non-traditional marks: Shape or three-dimensional marks Yes, a graphic representation of the shape or the three-dimensional design showing different views. Other The Trademark Law provides protection to any sign having distinctive capacity.
What are the documents and information required for filing a trademark application in your country?	Documents and information required to file a trademark application in Argentina include: Name and address of the applicant Representation of the trademark Goods and services and the class(es) for which the trademark is to be registered Power of Attorney
Are multi-class applications permitted in your country?	No, multi-class applications are not permitted in Argentina.
Is there substantive examination of trademarks?	Yes, there is substantive examination of trademarks in Argentina, both on substantive and relative grounds.
What are the absolute grounds for refusal?	Absolute grounds for refusal of a trademark in Argentina include: Mark is not distinctive Other: Generic or descriptive terms; terms that have passed into general use; the necessary shape of a product; a single color applied to a product.
What are the relative grounds for refusal?	Relative grounds for refusal of a trademark in Argentina include: There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark Well known mark: There is a well know mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark Well known mark: There is an earlier registered mark which is well known for different goods or services and use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark Others, please specify Deceptive trademarks; Foreign or national denomination of origin; Disparaging trademarks; Official emblems; Surnames and pseudonyms; Advertisement phrases that lack originality.
What is the time period from application to registration for a straightforward trademark application in your country?	The time period from application to registration in Argentina is between 12-18 months.
Is late renewal of a trademark registration permissible in your country?	Yes, late renewal of a trademark registration is permissible in Argentina. Applications must be filed within six months of the expiration date.
Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?	Yes, evidence of use does need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Argentina. A mid-term sworn declaration of use must be filed between the fifth and sixth anniversary of trademark registration. A regular sworn declaration of use must be filed at the time of renewing a trademark registration.
Are trademark licensees required to record themselves with the Registrar?	No, trademark licensees are not required to record themselves with the Registrar in Argentina.
What are the available enforcement methods in your country?	Available enforcement methods in Argentina include: Civil enforcement Infringement action Passing off Criminal enforcement Border or other administrative enforcement measures
Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?	None identified.

Trademarks

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What is the system for trademark protection in your country?

The system for trademark protection in Argentina includes:

Registration

To which international treaties does your country belong?

Argentina belongs to the following international treaties:

Paris Convention
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
Nairobi Treaty on the Protection of the Olympic Symbol

What are the benefits of registering a trademark in your country?

The benefits of registering a trademark in Argentina include:

It prevails over common law rights
It entitles the proprietor to bring an infringement action

Is it possible to obtain registration for the following types of marks under the registration system in your country?

Service marks

Yes

Defensive marks

Yes

Collective marks

Certification marks

Well-known marks

Series marks

Yes, no special requirements.

Marks in a different language or characters other than Roman characters

Yes, no special requirements.

Non-traditional marks: Sound marks

Yes, a written description (i.e. musical notes on a staff) plus digital samples.

Non-traditional marks: Smell marks

Yes, a written description of the smell mark must be included in the application. Physical samples may also be incorporated into the official paper file.

Non-traditional marks: Position marks

Yes, position marks must be represented with a dotted line in the design.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, provided that the color or the combination is applied to goods or services. The colors must be represented in the application.

Non-traditional marks: Shape or three-dimensional marks

Yes, a graphic representation of the shape or the three-dimensional design showing different views.

Other

The Trademark Law provides protection to any sign having distinctive capacity.

What are the documents and information required for filing a trademark application in your country?

Documents and information required to file a trademark application in Argentina include:

Name and address of the applicant
Representation of the trademark
Goods and services and the class(es) for which the trademark is to be registered
Power of Attorney

Are multi-class applications permitted in your country?

No, multi-class applications are not permitted in Argentina.

Is there substantive examination of trademarks?

Yes, there is substantive examination of trademarks in Argentina, both on substantive and relative grounds.

What are the absolute grounds for refusal?

Absolute grounds for refusal of a trademark in Argentina include:

Mark is not distinctive
Other: Generic or descriptive terms; terms that have passed into general use; the necessary shape of a product; a single color applied to a product.

What are the relative grounds for refusal?

Relative grounds for refusal of a trademark in Argentina include:

There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
Well known mark: There is a well know mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
Well known mark: There is an earlier registered mark which is well known for different goods or services and use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark
Others, please specify Deceptive trademarks; Foreign or national denomination of origin; Disparaging trademarks; Official emblems; Surnames and pseudonyms; Advertisement phrases that lack originality.

What is the time period from application to registration for a straightforward trademark application in your country?

The time period from application to registration in Argentina is between 12-18 months.

Is late renewal of a trademark registration permissible in your country?

Yes, late renewal of a trademark registration is permissible in Argentina. Applications must be filed within six months of the expiration date.

Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?

Yes, evidence of use does need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Argentina. A mid-term sworn declaration of use must be filed between the fifth and sixth anniversary of trademark registration. A regular sworn declaration of use must be filed at the time of renewing a trademark registration.

Are trademark licensees required to record themselves with the Registrar?

No, trademark licensees are not required to record themselves with the Registrar in Argentina.

What are the available enforcement methods in your country?

Available enforcement methods in Argentina include:

Civil enforcement
- Infringement action
- Passing off
Criminal enforcement
Border or other administrative enforcement measures

Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?

None identified.

Trademarks

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Trademarks

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