All types of registrable marks in Argentina: words, names, acronyms, devices, three-dimensional forms, titles of intellectual or art works, and names of television and radio programs and any combination of the mentioned signs. separate letters, digits or colors, may not be registered as trademarks, unless contain elements such as signs, designs or names that add them distinctive character.
1. What can be registered in Argentina?
We recommend choosing a wordmark as your first mark. It gives the broadest scope of protection and wordmarks are rarely changed, unlike logos.
A logo as a first mark is recommended if the mark you are trying to register is considered weak (descriptive, for example).
A combined mark is a solid choice in many countries. But you must use your mark as it was registered at least sometimes. Therefore, a wordmark is still preferred as it remains the best value for money.
1.1 Trademark Classification in Argentina
A mark must be associated with products and/or services. These products/services are divided into 45 classes. The names of the products and services are determined either by the National Institute of Industrial Property (INPI) or by the WIPO (World Intellectual Property Organization). The main list of acceptable terms is the Nice classification, but each country might have its variations.
If you already have a trademark anywhere, you can send us the details and we might be able to use the same list of goods. In any case, we will check if the products are acceptable and help you create a description according to the local standards.
A separate application has to be filed for each class. No previous use is required to file a trademark application and to obtain registration.
1.2 Registrable and unregistrable marks
Some trademarks can't be registered. In short, those are descriptive, misleading, offensive, or generic marks (this is not the full list). Descriptive marks describe your products or services, generic are the names of your product, etc. Some cases are not straightforward and it's hard to determine if a mark is descriptive right away.
1.3 Weak and Strong Trademarks
Some marks are weaker than others, even if the marks can be registered. There are suggestive marks like Microsoft, dictionary words with no direct association with the products or services such as Apple and made-up words or fanciful marks, i.e. Xerox.
The strongest marks are fanciful or made-up words, but from the marketing point of view, a suggestive mark might be preferable. A suggestive mark is a mark that SUGGEST a quality of the product. Microsoft is a suggestive mark, you understand that it has something to do with software and this makes it easier for a regular customer to remember the mark.
1.4 Similarity in Argentina
If there are similar marks in Argentina your mark might be refused or might receive an opposition. Similar doesn't mean identical. They can sound similar, mean similar things or look similar. There is no 100% algorithm to determine similar marks, each case is different and we rely on the experience of our attorneys.
1.5 Trademark Study in Argentina
During our study we check if your mark is registrable and search for similar marks. Once you get the results and our recommendations any uncertainty is removed and the process outcome becomes clearer.
2. Free Trademark Search in Argentina
We offer an online free trademark search in Argentina, you can request it on this page. It's free and we'll check the register within a day. Our search is carried out by professional trademark consultants and this will increase its value.
We may spot that your mark is descriptive or generic and inform you beforehand. Some marks can't be registered in Argentina and we will notify you if this is the case.
We send search results within a day and we might contact you even earlier to ask about your business niche and your products. You will get a list of identical marks and can request additional details. That's free as well. Sometimes we can get additional details of a trademark only from a special paid database. In this case, we will inform you beforehand.
Conduct your free trademark availability search, which targets identical trademarks here by visiting the database, containing registered and filed trademarks in Argentina.
If you require a more detailed search regarding the possibility of registration of your trademark in Argentina, request our Extensive Study to be calculated and verified by our experienced attorney.
3. Trademark Registration in Argentina
3.1 Your Registration Plan
Step 1. Start with a Free TM Search. We will check if there are any obvious conflicts. You will know if it's worth moving forward with the mark.
Step 2. Learning more about your brand. To file a trademark, we will need to know the owner address and name, the trademark and if it has a logo and what services/products it covers.
Optional Step 3. Attorney's opinion (a.k.a. Study) In some cases we may recommend asking our attorney to review the case and prepare a detailed registration report. That's an optional non-obligatory service.
Step 4. Request registration and submit your payment. The process is completely online and we'll request your mark within 3-5 days and you will get a filing confirmation.
3.2 Recommendations for applicants in Argentina
Recommendations: Argentina Check and double-check your Power of Attorney with your account manager before sending it to our attorney. Make sure that your description corresponds with the International Nice Classification. The Trademark Office of Argentina is very strict when checking the description of trademarks.
3.3 Brand Registration Process in Argentina
- Applying for your mark (we pay all the government fees and submit the application)
- Formal examination (if the list of goods/services is correct, if other details are correct)
- Substantial examination (if the mark is unique and registrable)
- Publication (allowing the public and other business to object against the mark registration)
What will be required to file your brand in Argentina?
- Type of the applicant: individual or a company.
- Complete name of the owner.
- Full address of the owner.
- Phone number - to contact you in case if any action is required.
- Mailing address - to forward you the certificate once the trademark is registered.
- List of goods/services.
- Class or classes.
- Trademark itself.
- Power of attorney (notarised and apostilled).
3.4 Trademark Application Fees
The official fee for filing a trademark application is ARS 1,700.
Our fees include the official fees and the legal fees.
4. Argentina TM Process: Required documents
4.1 Documents required for filing a mark
- Power of Attorney (Legalized), a hard copy.
4.1 Documents required for filing a mark
- Documents required: a Power of Attorney; an affidavit of use for the renewal of a Trademark as well as a Mid-Term Declaration of Use. More details in this link: Renewal in Argentina.
5. Other process details
5.1 Argentina first to use or first to file?
This is a first to file country, which means that whoever filed a trademark first will own it, even if someone else used it before.
Our local intellectual property IP attorneys will prepare and file your trademark for registration in the country, via the Argentinian trademark office. Trademarks are filed at the National Institute of Industrial Property of Republic of Argentina(INPI), Argentina uses the "first-to-file" policy. No evidence of use is required upon filing of a trademark application. However, the Argentinian trademark law protects unregistered trademarks if the mark is recognised as a well-known mark in Argentina.
However, if the mark has been in use and such use could be demonstrated it is advisable to indicate the date of first use at the time of filing the application.
5.2 How long does the process take in Argentina?
The entire process in Argentina takes 14-18 months provided that there are no problems during the examination and publication stages. That's the average time required to register your mark.
6. What are the benefits of owning a trademark?
6.1 What means to own a mark
You have an ownership confirmation and the mark becomes a point of value collection, meaning that whatever you invest into your brand or into its reputation will not disappear, but will ""stick"" to your trademark. Getting a registration will seal your ownership over this value.
That's similar to buying a land lot to build a house. Would you like to build a house on a land lot that's not even yours? Of course not. Ownership matters.
6.2 What can you do with a registered mark?
When you register your trademark in Argentina, you’ll be able to:
1. Take legal action against anyone who uses your brand without your permission, including counterfeiters
2. Put the ® symbol next to your brand - to show that it’s yours and warn others against using it
3. Sell and license your brand
7. Why Bonamark?
Bonamark takes care of more parts of the process than any other company out there. We are not here to just file anything we receive from you.
We are here to check everything, prepare the document to avoid the common objections, enhance your product list for the optimal scope of protection and make sure that you don't have to pay extra and spend more time than you wish.
In Argentina we filed thousands of marks since 2016 and work with the most experienced attorneys in this country. We take full responsibility for your success and make sure that everything is done according to your instructions.
Bonamark is one of the most valued trademark registration companies with 4.9/5 rating.
8. After TM registration
8.1 Trademark Certificate
A trademark is registered for 10 years and a digital or hard copy certificate is issued. An example is attached below
8.2 Use of ® and TM, SM
Once your mark is registered, you can use the ® symbol after your trademark. If your mark is not registered, you may use a TM sign but it will give you no common law rights.
8.3 Trademark Validity in Argentina
A registered trademark in Argentina is valid for 10 years from the date of application. The mark can be renewed for periods of 10 years.
A trademark registration is valid for 10 years from the date of application.
The registration is renewable for periods of 10 years provided that the trademark is in use. If the trademark is not been used as from the 5th year since the date of registration or within the last 5 years previous to a cancellation action filed by third parties, the trademark can be challenged for non-use.
The use could have been made even on products or services different from those distinguished by the trademark registration to be renewed.
8.4 Competitors and similar marks
The Trademark Office might refuse any similar mark for similar products, but we recommend getting a Trademark Watch in order to track any similar marks independently. This way you will be able to spot any similar marks and submit an opposition during their publication stage in order to prevent those marks from registering.
8.5 How to maintain your mark after registration?
1.You have an obligation to use the mark in commerce. If you stop using the mark for 5 consecutive years your mark might be cancelled by anyone who starts the cancellation process
2. You must keep your details up to date, if the name of your company was changed you should submit the change at the Trademark Office, the same applies to the address. Otherwise, there might be difficulties when you have to enforce your mark and if you decide to sell it.
3. We offer Change of Address and Change of Name services and will help you to keep your details up to date.
4. Keep your trademark certificate safe. You don’t want to lose it.
📆 8.6 How to renew your trademark in Argentina?
A registered mark in Argentina is protected for 10 years from the date of registration. The owner of the mark must timely renew the trademark or the mark will be abandoned (cancelled) and will lose protection in the country.he Trademark Office will notify the representative of the mark owner, however, the Office is not liable if no notification has been received.
The renewal must be submitted 6 months before the expiration date or within 6 months of the grace period.
Trademark renewal schedule and fees
The price is US$539 for one class, Argentina does not have a multiclass system. At the same time, we will offer a US$100 discount for each additional mark to renew. The government fee is included in the price, taking over the mark (changing representative) is included in the price.
Trademark renewal process
Please contact us using the following form in order to request a trademark renewal. The process is rather simple, our attorney will become your representative and will pay the renewal fee. However, to change the representative in Argentina a legalized (apostilled) Power of Attorney will be required.
How to apply
Documents required: a Power of Attorney; an affidavit of use for the renewal of a Trademark as well as a Mid-Term Declaration of Use
An affidavit of use for the renewal of a Trademark - is a document in which the trademark owner confirms that the mark has been using in the last 5 years. The document must be notarized for local brand owners and legalized for foreign registrants.
The registration number (and if possible, the application number) the trademark name, class and logo in JPG (if applicable).
How long the renewal process is
The process takes approximately 2-4 months.
Possible issues during the renewal process
A trademark must be in use in the previous five years to its renovation. If a mark was not in use it might become vulnerable to cancellations, if the affidavit is filled out incorrectly the Office might object the renewal.
Document confirming a renewal.
A new Certificate of Registration valid for 10 years.
What if the deadline is missed?
After the expiration date a grace period of 6 months is provided to the registrant to renew the trademark paying an extra fee. If the grace period is missed the mark will be abandoned. A new mark in Argentina must be requested: https://bonamark.com/countries/argentina
9. Official Trademark Office in Argentina
- Name of Office: National Institute of Industrial Property of Republic of Argentina
- Address: Av. Paseo Colón 717, CP (C1063ACH), CABA, Argentina
- Phone number: (+54) 0-800-222-4674
The Trademark Office applies the current version of the Nice Classification.
Our professional trademark attorney in Argentina will prepare and file your trademark application in the country. Argentina is a "first to file" country. So, if you use your trademark with no registration, file it as soon as possible not to lose it.
Argentina is a member of WIPO since 1980.
Currently, Argentina is not a member of the Madrid Protocol. With about 52.700 trademark applications filed by residents, 20.000 are filed by foreign applicants, and 11.000 are filed abroad.
Registering the brand in Argentina is highly advisable if you plan to sell in this market within the next 3-5 years. National Institute of Industrial Property of Republic of Argentina(INPI) only accepts documents submitted in Spanish language
Intellectual Property Services
We offer the following services in Argentina:
- Trademark Search
- Trademark Registration
- Trademark Renewal
- Trademark oppositions
- Defenses in case of oppositions or objections/office actions
- Trademark assignment
- Change of name/Change of Address
If you are interested in any of these services, please do not hesitate to contact us.