Trademarks Law in Argentina
Sure! Here’s a detailed overview of Trademark Law in Argentina:
Trademark Law in Argentina
Trademark protection in Argentina is governed by the Trademarks Law No. 22,362 (Ley de Marcas), originally enacted in 1980 and subsequently amended to modernize and harmonize with international standards.
The National Institute of Industrial Property (Instituto Nacional de la Propiedad Industrial, INPI) is the governmental authority responsible for trademark registration and enforcement.
Key Features of Trademark Law in Argentina
1. Definition of a Trademark
A trademark is any visible sign capable of distinguishing goods or services of one enterprise from those of others.
This includes words, names, designs, logos, slogans, letters, numbers, shapes, colors, sounds, and combinations thereof.
Trademarks can be:
Word marks
Figurative marks (logos, images)
Combined marks
Three-dimensional marks
Sound marks
2. Registration
Trademark rights arise from registration with the INPI.
First-to-file system: The first person to file a trademark application obtains the rights to it.
Registration is valid for 10 years from the filing date and can be renewed indefinitely for additional 10-year periods.
Argentina does not require use of the mark before registration, but non-use for 3 consecutive years after registration may lead to cancellation.
3. Absolute and Relative Grounds for Refusal
Absolute grounds: Signs that are not distinctive, generic, descriptive without acquired distinctiveness, contrary to public order or morality, or deceptive.
Relative grounds: Conflicts with prior identical or similar trademarks for related goods/services that could cause confusion.
4. Rights Conferred
The registered owner has the exclusive right to use the trademark in relation to the goods or services it covers.
The right to prevent unauthorized use, imitation, or registration of confusingly similar marks.
The right to license or assign the trademark.
5. Infringement and Enforcement
Trademark infringement includes unauthorized use of a confusingly similar mark on related goods/services.
Remedies include injunctions, damages, seizure and destruction of infringing goods, and criminal penalties.
Enforcement is through administrative procedures at INPI and through the courts.
6. Famous and Well-Known Marks
Famous trademarks enjoy broader protection, including prevention of use on unrelated goods to avoid dilution.
INPI and courts recognize and protect well-known marks even if not registered in Argentina.
7. International Treaties
Argentina is a member of:
Paris Convention for the Protection of Industrial Property
Madrid System for the International Registration of Marks
TRIPS Agreement
International applicants can file through the Madrid Protocol, designating Argentina.
8. Unregistered Marks
Some common law rights may arise from use, but protection is limited and enforcement difficult without registration.
Summary
Argentina follows a first-to-file trademark system.
Registration is managed by the INPI and grants exclusive rights for 10 years, renewable indefinitely.
Trademark protection covers a broad range of sign types.
Strong enforcement mechanisms exist, supported by international treaty obligations.
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