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.