Argentina trademark registration adopts the "first to file" principle

1. Application process

The application process for trademark registration in Argentina is shown in the figure below to help you register Be well prepared before applying.

2. Operational details

3. Precautions

A. Principles of trademark protection: first-to-file principle;

B. Goods And service classification system: apply the 11th edition of the Nice Classification, apply for one mark and one category;

C. The trademark is valid for 10 years from the date of trademark registration;

D. Under normal circumstances, the trademark It takes 14-15 months from application to registration;

E. The pre-announcement procedure adopted by Argentina. That is, after the official formal examination is completed, the preliminary examination announcement of the trademark will be arranged for third-party objections, and then substantive examination will be carried out. Therefore, even if the opposition procedure is successfully passed, it does not mean that the trademark will definitely be approved for registration;

F. Since Argentina’s law reform in 2018, a brief introduction to the opposition procedure is as follows: (1) After the opposition application is submitted, the official will give The opponents have four months to negotiate. If both parties to the objection fail to reach an agreement within the specified time limit, the official will formally accept the objection and initiate formal administrative procedures. (2) After the official confirms the acceptance of the objection application, both parties to the objection will be required to submit objection defense and cross-examination opinions within the specified time. (3) The official will review the defense/cross-examination opinions of both parties and issue a ruling. Both opponents may file a lawsuit with the court within 30 working days from the date of receipt of the ruling. (4) If the official does not accept the objection application, the objection application submitted by the opponent will be recognized by the official as an "objection", and the official has the right to decide whether the opponent's objection is established. The official will issue a review opinion based on the review results and require the applicant to respond within the specified time.

G. For trademarks that have been approved for registration since January 12, 2013, the official mandate requires that trademarks approved for registration for 5-6 years must provide a statement of use; if the trademark renewal application was in 2013 If the trademark is approved after January 12, a statement of use must be submitted together with the trademark renewal.

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