Legal basis is the law of December 26th, 1980, in force since February 1st, 1981.Trademark protection is obtained by registration. However, under certain circumstances, it is also possible to claim protection alleging the use of a trademark. Argentina follows the first-to-file system.

Trademark registration classification:

Nice Classification

Requirements:  

• Power of attorney legalised by the Argentinean Consulate, or apostilled.
• Certified copy of the priority document if claimed, with certified Spanish translation.
• A list of the goods to be protected. According to the local practice, an application can be filed to protect all products and/or services in one class, in order to have more chances to defend the trademark, if oppositions arise.

Procedure:

• The application is filed with the Trademark Office so far only on paper despite the fact that a new regulation was enacted in October 2012 setting up a procedure for filing online. A separate application has to be filed for each class.
• The application process includes a formal examination. TM application is also examined regarding distinctiveness and prior similar antecedents.
• The trademark application is published in the Bulletin for opposition purposes within approx 4 to 6 months after the filing.
• If no obstacles are met, the processing time from first filling to registration is approx 18 months. 

Duration and Renewal: A trademark registration is valid for 10 years from the date of registration. It is renewable for periods of 10 years.

 Fee Structure 

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