Fees associated with filing trademark applications in Argentina, as well as other trademark fees, are available in the fee calculator.
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Multiple-class applications
Argentina accepts only single-class trademark applications.
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Filing requirements in Argentina
The official language of the trademark application in Argentina is Spanish.
A trademark application in Argentina must contain at least the following:
- a request to register a trademark;
- applicant(s) details and address;
- a representation of the trademark;
- specification of goods or services.
In Argentina, the original of the Priority Document is not required, but the sworn translation into Spanish must be provided within 3 months from the filing date.
The legalisation by apostille or by Argentine Consul and notarization of a Power of Attorney is required. The digital copy of the POA should be provided within 40 business days from the filing date.
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Examination, publication and opposition to a trademark in Argentina
The application will undergo both formal and substantive examinations, substantive examination includes a search for conflicting marks and distinctiveness examination. After the examination, an application is published in the Bulletin for opposition. The opposition period for the Argentine trademark application is 30 days from the date of publication.
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Grant, validity term and trademark renewal
The term of a registered trademark in Argentina is ten years from the date of registration, renewable an unlimited number of times every ten years. A renewal application should be filed within 6 months before the expiration date. Late payment is possible within a six-month grace period after the due date by paying a corresponding surcharge. In addition, the applicant must submit a Sworn Declaration of Use stating that the mark has been used in Argentina within the five-year period preceding the expiration date.
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Duration of registration procedure
The processing time from first filing to registration is approximately 18 months in the case of a smooth registration procedure.
The validity of a registered trademark in Argentina may be cancelled, upon request of a third party, if it is shown that the trademark has not been used for five consecutive years after its registration. This cancellation may be full or partial, that is for some of the products or services claimed. Furthermore, a sworn declaration of use should be provided between the 5th and 6th anniversary of registration, however, the trademark will not expire if this requirement is not promptly fulfilled. The declaration may be filed afterwards, and no later than at the renewal stage. Surcharge should be paid for every year of the delay.
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Representation by a trademark attorney
For foreign applicants, it is necessary to perform trademark prosecution in Argentina through an agent, a registered Argentine trademark attorney.
Online Database for Argentine Trademarks Search.
Brief summary is based on the information provided by Estudio Berbery on 23.01.2024
Please contact us if the above information is not in conformity with Argentine IP Laws