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Is there a time frame for the trademark registration approval?
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If I register my trademark in Argentina, do I have protection in other territories?
Registered trademarks in Argentina are protected only within the territories of Argentina.
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Do I need to sign a Power of Attorney?
Yes. To complete the application, a signed Power of Attorney is required.
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Are there any benefits from a pre-filing use of the trademark?
There are no benefits that can be obtained from pre-filing use of a trademark.
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Will there be problems in case I don’t use my trademark after registration?
Yes. The owner of a registered trademark may face cancellation issues if the mark was not used within 5 years from the date of registration.
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What are the types of trademark that can be registered in Argentina?
Registrable marks include:
- Words,
- Sounds,
- Names,
- Smells,
- Devices
- Shapes with 3 dimensions
- Touch
- Motion
- Colours
- Slogans
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What are the phases of application after a trademark has been filed in Argentina?
There are 4 major phases of trademark application in Argentina:
- The application will be examined if all requirements are met and will also be checked if the good/service falls under the appropriate class
- The application details will be made accessible to public via publication and online.
- The application will be examined if there are any conflicts with earlier registrations
- The application will be granted after it passed all the requirements and oppositions are overcome
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What type of trademark is not registrable?
The following marks are prohibited for registration:
- Generic words/terms
- Marks that contradict morality or public order
- Marks that include a name, flag or symbol of any state, region, nation or international institution
- Marks that do not show distinctiveness
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Does Argentina use the "Nice Classification" system?
Yes. Argentina uses the Nice Classification System.
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Does the Community Trademark apply for Argentina?
No. Community Trademark does not take effect in Argentina.
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Is there any possibility to claim priority in Argentina?
Yes, applicants may claim priority provided the following conditions are met:
- The applicant’s home country is a Paris Convention signatory
- The application was filed 6 months prior to application in Argentina
- The applicant’s home country is a World Trade Organization (WTO) member
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What do I need to do to satisfy the use requirement?
Use the trademark for commercial purposes within 5 years after it was registered. Use must happen within the jurisdiction of Argentina.
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Once my trademark has been registered, for how many years will be valid?
Registered trademarks are initially valid for 10 years beginning on the registration date.
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What will be the renewal date of my trademark?
The first renewal will take place 10 years from the date of registration grant.
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Is it legal to use my trademark even if it is not yet registered?
Yes. You may legally use a trademark for goods and services even if it’s not yet registered.