Trademarks Comparative Guide

• Published date: 02 November 2022
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Richelet & Richelet
• Author: Mr Gaston Richelet

1 Legal framework

1.1 What is the statutory or other source of trademark rights?

The main sources of trademark rights are:

• the Trademark Law (22.362);
• the Paris Convention for the Protection of Industrial Property and
• the Agreement on Trade-Related Aspects of Intellectual Property Rights.

1.2 How do trademark rights arise (ie, through use or registration)?

Trademark rights have a statutory basis and arise through registration. However, de facto trademarks have been accepted and recognised by the Argentine courts.

1.3 What is the statutory or other source of the trademark registration scheme?

Trademark rights derive from registration, as indicated by the Trademark Law. However, de facto trademarks are valid if:

• use has continued without interruption for a reasonable number of years; and
• a clientele has been built up around the mark.

2 What constitutes a trademark?

2.1 What types of designations or other identifiers may serve as trademarks under the law?

Any sign can serve as a trademark, provided that it does not fall under any of the prohibitions established by the Trademark Law.

2.2 What are the requirements for a designation or other identifier to function as a trademark?

Any sign with distinctive capacity may constitute a valid trademark. This rule is very broad and encompasses all signs, provided that they do not fall under any of the prohibitions established by the Trademark Law.

2.3 What types of designations or other identifiers are ineligible to function as trademarks?

The following are ineligible to function as trademarks:

• names, words or signs which constitute the usual and necessary designation of a product or service;
• names, words or phrases which have passed into general and common public use;
• the form of a product;
• the intrinsic colour of a product or a single colour applied to any product;
• signs which may induce error with regard to the nature properties, merits, quality, manufacturing techniques, function origin or any other characteristics of the goods or services;
• words, signs or drawings that are contrary to moral order and customs;
• words, symbols or designations used by the nation, the provinces or any other official body, as well as words, symbols and designations used by foreign countries and recognised international entities; and
• names, pseudonyms and portraits of persons, without their consent.

3 Registration procedure

3.1 Which governing body (ie, trademark office) controls the registration process?

The registration process is controlled by the National Institute of Industrial Property (INPI).

3.2 What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?

Official fees are charged at the time of filing the application and when responding to certain official actions. There is no official fee for the issuance of the trademark...