PROSECUTION GUIDELINES

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You will find here all the important information about filing trademarks, designs and patents.

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Argentina

GDP: $518,475 BILLION

IMPORTS: $82,956 BILLION

POPULATION: 44,494,502

TOTAL AREA: 2,780,400 KM2

OFFICIAL LANGUAGES: SPANISH

CURRENCY: ARGENTINE PESO ($) (ARS)

Local time:
WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.
Contracting Party of the Madrid System: NO.

Trade Mark Law in force:

Law No. 22.362 of 26 December 1980 and subsequent amendments.

Classification:

Nice classification, 11th edition.

Multiclass Applications:

Not possible.

Registrable trade marks:

Words, drawings, images, emblems, monograms, engravings, stamps, seals, a combination of colours applied to specific parts of the product or packaging, letters, numbers or a combination of both, packaging, original slogans, sound marks, a combination of all of the above items. Packaging may be registered as a three-dimensional mark.

Formal filing requirements:
  • Power of Attorney duly notarised and legalised within 40 working days from filing date.
  • Certified copy of priority application and its translation into Spanish within 90 days from filing. The translation of the priority application must be signed by a local sworn translator.
Examination:
  • Absolute grounds for refusal: YES.
  • Relative grounds for refusal: YES.
Opposition period:

30 days from publication date. If an opposition is filed against the application, the applicant has three (3) months from the notification, to negotiate withdrawal of the opposition. If no agreement is reached, the opposition is held before the TM Office.

Average time from filing to grant:

Approximately 20 months, unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. Cancellation can be requested if the trade mark has not been used for 5 years, counting from the registration date. Partial cancellation is now possible, but not yet regulated.

As of 3 June 2019, use has to be declared every 5 years throughout the entire life of the trade mark. 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.

Renewal terms:

6 months prior to renewal date.

Grace period:

6 months after the renewal date.

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of the Madrid System: NO.

Trade Mark Law in force:

Law No. 22.362 of 26 December 1980 and subsequent amendments.

Classification:

Nice classification, 11th edition.

Multiclass Applications:

Not possible.

Registrable trade marks:

Words, drawings, images, emblems, monograms, engravings, stamps, seals, a combination of colours applied to specific parts of the product or packaging, letters, numbers or a combination of both, packaging, original slogans, sound marks, a combination of all of the above items. Packaging may be registered as a three-dimensional mark.

Formal filing requirements:

• Power of Attorney duly notarised and legalised within 40 working days from filing date.

• Certified copy of priority application and its translation into Spanish within 90 days from filing. The translation of the priority application must be signed by a local sworn translator.

Examination:

• Absolute grounds for refusal: YES.

• Relative grounds for refusal: YES.

Opposition period:

30 days from publication date. If an opposition is filed against the application, the applicant has three (3) months from the notification, to negotiate withdrawal of the opposition. If no agreement is reached, the opposition is held before the TM Office.

Average time from filing to grant:

Approximately 20 months, unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. Cancellation can be requested if the trade mark has not been used for 5 years, counting from the registration date. Partial cancellation is now possible, but not yet regulated.

As of 3 June 2019, use has to be declared every 5 years throughout the entire life of the trade mark. 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.

Renewal terms:

6 months prior to renewal date.

Grace period: 6 months.

Link to Trade Mark Office:

https://portaltramites.inpi.gov.ar/

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent CooperationTreaty (PCT): NO.

Patent Law in force:

Patent Law 24481 (as amended by Law 27444 and regulatory resolutions).

Types of protection available:

Patent of Invention; Utility Model; Patent of addition.

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

-Power of Attorney duly notarized and legalized. Submission before the Patent Office is not required unless requested by the Examiner but said PoA is necessary in order to be able to execute a sworn declaration stating entitlement to represent the applicant.

-Assignment document from the inventors merely signed (no legalization required) within 90 days from filing and sworn translation. Not required under certain circumstances.

-Digital copy of certified copy of priority application and sworn translation of the priority application within 90 days from filing.

Filing of the patent application in a foreign language:

Accepted. Late submission of the Spanish translation is possible within 10-working days. In such case, it must be a sworn translation by a registered local translator.

Substantive examination must be requested by the applicant:

YES, within 18 months from filing date.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 60-working days from publication.

Opposition:

YES, within 60-working days from publication.

Average time from filing to grant:

6 years

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

10 years from filing date.

Differences between utility model and patent:

– UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses;

-Lower threshold for inventive step

Maintenance:

Yearly after grant.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

http://www.inpi.gov.ar/