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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 24 months, if no objections or oppositions arise.
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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?
The trademark must be used in Argentina before the 5th year from the registration date. Between the 5th and 6th year from the registration date a Declaration of use must be submitted.
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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.