Contracting Party of the Madrid System: NO.
Trade Mark Law in force:
Law No. 22.362 of 26 December 1980 and subsequent amendments.
Nice classification, 11th edition.
Words, drawings, images, emblems, monograms, engravings, stamps, seals, a combination of colors applied to specific parts of the product or packaging, letters, numbers or a combination of both, packaging, original slogans, sound marks, a combination of all of the above items. Packaging may be registered as a three-dimensional trademark.
Formal filing requirements:
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
30 days from publication date. If an opposition is ﬁled against the application, the applicant has three (3) months from the notiﬁcation, to negotiate withdrawal of the opposition. If no agreement is reached, the opposition is held before the TM Office.
Average time from filing to grant:
Approximately 16 months, unless any obstacles were raised.
Term of protection:
10 years from the date of registration.
YES. D.O.U. is required (i) a Midterm Declaration of Use: As from the fifth year from registration, the term to file the statement is of one year. This is before turning six years as from registration. (ii) Declaration of use for renewal purposes, consequently, any registration may be renewed only if it has been used during the last five years in Argentina, no matter for which products or services (this means that the trademark could have been used for different goods or services, other than those protected by the registration, and even to designate an activity). The use should have taken place also “in the market”, that is to say, involved in the commercialization of products or services in Argentina. Therefore, ONLY advertisements, promotional materials or use in the internet (and ONLY in the internet, without any link with the real market) are not enough to meet this requirement