Argentina – Latam Guideline
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- Argentina – Latam Guideline
WIPO-administered Treaties:
Contracting Party of the Madrid System: NO.
Trade Mark Law in force:
Law No. 22.362 of 26 December 1980 and subsequent amendments.
Classification:
Nice classification, 11th edition.
Multiclass Applications:
Not possible.
Registrable trademarks:
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:
Examination:
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
Opposition period:
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.
Use requirements:
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
Renewal terms:
WIPO-administered Treaties:
Contracting Party of the Paris Convention: YES
Contracting Party of the Patent CooperationTreaty (PCT): NO.
Patent Law in force:
Patent Law 24481 (as amended by Law 27444 and regulatory resolutions).
Formal filing requirements:
Filing of the patent application in a foreign language:
Accepted. Late submission of the Spanish translation is possible within 10-working days. It must be a sworn translation by a registered local translator.
Substantive examination must be requested by the applicant:
YES, within 18 months from filing date.
Observations by third parties:
YES, within 60-working days from publication.
Average time from filing to grant:
6 years. Acceleration prosecution available (Rule 56)
Term of protection for utility models:
10 years from filing date.
Maintenance:
Yearly after grant.
Compulsory licensing:
YES
WIPO-administered Treaties:
Contracting Party of the Hague System: NO.
Applicable Law:
Decree-Law 6673/63 on Industrial Designs and Models, as amended by Law 27.444/18, Resolution 250/18, Resolution 252/18 and Decree 353/2019
Grace period for filing applications, from disclosure:
6 months, with exceptions.
Multiple design applications -one application for different embodiments-available:
Multiple designs are allowed. Up to 20 embodiments, provided that must fall under the same Locarno Classification.
Formal filing requirements:
Full details of the applicant & designer/s (inventor)
Description (optional); Drawings.
Priority document along with its sworn translation into Spanish, certified by an Argentinean public translator, if applicable.
Power of Attorney. Notarized and Apostilled. Deadline of filing is 40 working days from filing.
Locarno classification:
YES.
Deferred publication:
Yes. 6 months. Paying additional fee.
Opposition:
NO.
Average time from filing to grant:
From 1 week to a maximum 3 months if priority is claimed.
Term of Protection and Maintenance:
5 years, plus 2 renewal terms of 5 years each. The term for paying the renewals opens 6 months prior to the deadline and can be filed until the due date. Likewise, a six-month grace period after the expiry is available for paying the renewal, with a surcharge.
Does it accept an administrative request for surveillance?
YES
Intellectual property rights protected through an administrative request for surveillance
Only Word or Word+Device Trademarks
Requirement to file for an application of an administrative request for surveillance
Owner Info
Representative
Country of Origin
Tariff Possition
PoA
List and Registration of Trademarks
Certificate of Registration
CUIT
Procedure (special aspects)
Although there is an Administrative surveillance procedure, once a counterfeit product is found, there is no simplified administrative procedure for the destruction of the goods.
The Trademark Fraud Division notifies the holder of the trademarks, so that within a short deadline he/she may state his/her opinion as to the authenticity or otherwise of the seized merchandise.
For this purpose, the owner shall submit a written statement stating whether the merchandise in question is false or genuine. The holder must initiate the corresponding administrative or legal actions for the destruction of the false merchandise.
Territory: Argentina
Data Protection Regulations: Law 25.326
Regulatory purpose: Comprehensive protection of personal data recorded in files, registers, data banks, or other technical means of data processing, whether public or private, intended to provide information, in order to guarantee the right to honour and privacy of individuals, as well as access to the information recorded about them.
Parties:
Principles: Lawfulness, Quality, Consent, Information, Categorisation of data, Confidentiality
Obligations:
Data subjects’ rights:
International transfers:
Sanctioning regime:
Certification or accreditation of compliance for companies: No
Products that can be registered:
Food, fertilisers, medicines and cosmetics.
Authority to which registration must be applied for:
National Administration of Medicines, Food and Medical Technology (ANMAT)
Legal person who can apply for product registration:
Professional university technical director registered in the MS and AS in accordance with the rules of their competence. Pharmacists, biochemists, graduates and doctors of chemistry are currently enrolling.
Do you require company registration in the country?
YES
Is a Certificate of Free Sale (CLV) required?
YES