Prosecution Of A Trademark Application In Argentina

FILING

FORMAL EXAMINATION

PUBLICATION

OPPOSITION PERIOD

SUBSTANTIVE EXAMINATION

GRANTING

CERTIFICATE OF REGISTRATION

FILING

The filing date of an Argentinian trademark is the one automatically assigned when filing the application.

If priority is claimed, the filing date will remain the same, but the priority date will be the one claimed.

FORMAL EXAMINATION

Within 30 days from the filing date

The Argentinian Trademark Office will determine within 30 days if the application meets the requirements and if it does, the trademark will proceed to publication.

PUBLICATION

Within 70 days from the formal examination

The Argentinian Trademark Office will order the publication of the mark in the Trademark Bulletin for 1 day. There are no costs associated with publication in Argentina.

OPPOSITION PERIOD

Publication + 30 days

The opposition period starts on the day the trademark is published and expires after 30 days.

SUBSTANTIVE EXAMINATION

16 – 20 months after the opposition period ends.

The Argentinian Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.

GRANTING

Within 12 to 24 months from the filing date

If no obstacles are found, the trademark will be granted.

The mark will be protected for a period of 10 years, counting from the granting date.

CERTIFICATE OF REGISTRATION

After the trademark has been granted, a digital registration certificate will be issued.

Useful Information

According to the Argentinian Law, a trademark has a period of 5 years after its registration in which it cannot be cancelled. After that, any third party can apply for a cancelation action due to non-use.

Also, as of 3 June 2019, use has to be declared every 5 years throughout the entire life of the trademark. A sworn declaration of use must be filed between the 5th and 6th year, counted from the registration date for marks registered or renewed on/after 12 January 2013, as well as with every subsequent renewal.