Trademarks: Products & Services

Trademarks
Contract Paper Signing
legal advice registrations
trademarks
Trademarks
Contract Paper Signing
legal advice registrations
trademarks

Legislation
Trademark registrations for products and services are governed by Law 22.362 and its regulatory decrees.

 

Definition
A brand is considered to be any new sign capable of identifying on the market the goods or services of a company in order to distinguish them from those of its competitors.

Classification
Argentina has adopted the 10th version of the Nice Classification (international classification).

Priority
Due to Argentina´s adherence to the Paris Convention, trademarks may be requested in Argentina with a priority of the foreign order, within six months from the date of application abroad.
In the same way, an Argentine individual or legal entity may extend its trademark registration to other signatory countries of the Convention within the same period.


Validity of the mark
The duration term of a trademark is 10 years from the date of grant and may be renewed for ten years indefinitely provided that it is declared that the mark has been used in a product or service or as a trade name within the five years prior to renewal.


Expiration
It can be requested in court by a person who has a legitimate interest if the mark was not used within five years from the date of grant or if the 
usage is interrupted for a period exceeding five years.
 

 

Our Services

  • We perform the analysis of the signs to be used in the identification of products and services, providing advice regarding their classification, registrability and the most advisable form of protection.

  • Prior background assessment.

  • Submission of applications and processing until finalization, including the negotiations with opponents and the answer to official objections.

  • Administrative and judicial appeals.

  • Control of registration´s expiration and renewals.

  • Registration of transfers and licenses.

  • Weekly control of new applications and issuance of the corresponding information when similar requests are detected to those entrusted to us in custody.

  • Filing of oppositions to similar trademarks applied by third parties.

Renewal
A trademark expires ten years after the day of grant or ten years after the last renewal.


Renewal may be requested within 60 days prior to expiration even the same day of expiration.

There is no grace period in Argentina to request the renewal after its expiration.

Requirements for trademarks renewal
The interested party should attach to the registration application an affidavit attesting the use of the trademark in question in Argentina at any time during the five years prior to the renewal.  See form.

Opposition to trademark applications

The period to file oppositions is a non-extendable term of 30 days from the application´s publication date in the Argentine Trademarks Bulletin.

Trademarks´Transfers

The transfer may be due to a transfer of an individual or legal person to another or by corporate changes or the name of a company.
Requirements for transfer by assignment:
The assignment can be either onerous or free. In the case of the assignment of Trademarks, it may be subscribed in an assignment form or in a contract drafted for this purpose.

The signature of the assignor must be certified by notary, and if the assignor is a company, the notary must also record that the signer has powers for the act of assignment.
 

If the parties are domiciled abroad, the assignment can be made on the form for this purpose (see Forms page) with signatures certified by a notary and then legalized by the Argentine Consulate or with Apostilles, as appropriate.

 

Requirements for the transfer by modification of the name of the company or by other modifications in the proprietary company:
A copy certified by a notary must be accompanied by the documentation that accredits it, and if the documentation corresponds to companies from other countries, it must be legalized by the Argentine Consulate or with Apostilles, as appropriate. 

LAURA BERTI & CÍA SA

TUCUMÁN 994 - 2º PISO

C1049AAT - BUENOS AIRES

ARGENTINA

  • Laura Berti y Cía Marcas Y Patentes

FAX: 54 11 4326 1888

AVISO IMPORTANTE: Debido a reiteradas confusiones suscitadas a lo largo de los últimos tiempos, les informamos que nuestro estudio LAURA BERTI Y CIA S.A. no tiene ningún vínculo o relación comercial, profesional o de ninguna otra índole con otros estudios que utilizan el apellido Berti.

 

IMPORTANT NOTICE: Due to repeated misunderstandings arisen in the last time, we wish to inform you that our law firm, LAURA BERTI Y CIA. S.A., does not have any commercial or professional relationship of any kind with other law firms that use the last name Berti.