Argentina

GENERAL INFORMATION

Jurisdiction
"First to file"

Duration of registration process
Approximately 14 months

Denomination of the National Trademark Office
Instituto Nacional de la Propriedad Industrial [INPI]

National Trademark Office's online accessibility
Via the INPI's Website here

APPLICATION

Filing requirements
At least the following information has to be provided in order to obtain a filing date:
name and address of the applicant, state or country of incorporation, specimen of the trademark, list of goods/services.

Requirements regarding the Power of Attorney
A written document has to be provided. Also a notarial attestation and a consular legalization (or apostil, if the applicant's country of origin is a member of the Hague Convention) is inevitable.

Additional requirements for non-domicile applicants
A local address for service has to be provided.

Type of registration
Argentina is neither a member of the Madrid Agreement nor of the Madrid Protocol. Trademarks can therefore only be registered on a national level (i.e. directly with the INPI).

Priority according to the Paris Convention
In case of trademark registration in Argentina, priority can be claimed according to Art. 6quinquies F in conjunction with Art. 4 C (1) of the Paris Convention, given that the applicant himself is domiciled in a member state of the mentioned agreement.

Application form:
If the trademark is to be registered for more than one class of goods and/or services, one application form per class has to be handed in. There is no option to hand in a multiple class application.

Availability of filing to the public:
Filing will be made available to the public through the national office's website.

Requirement of a proof of use:
A proof of use is not required.

REGISTRATION

Registration fee:
None.

Required documentation for registration:
None.

Initial term of registration:
10 years from the registration date.

Requirement of marking:
Marking of the trademark is not obligatory. However it is advisable in order to prevent illegal use by any third party; the following symbols are typically used: M.R., Marc.Reg., ®.

Grace period in case of non-use:
There is a 5 year grace period.

Renewal of a registration:
Renewal of trademark registrations lasts for 10 years from the renewal date.

Grace period for renewal after the registration has expired:
There is a 6 months grace period for renewal after the registration has expired.

Penalty for late renewal:
n.a.

2012