Before filling the application to register a trademark in Argentina, it is important to consider what the Law says regarding the grounds for trademark rejection.
What are the grounds for trademark rejection in Argentina?
According to Argentina’s Trademark Law, the following are not trademarks and therefore one cannot register them as such:
- the names, words, and signs that constitute the necessary or usual designation of the product or service to distinguish.
- the names, words and signs that are descriptive of the product or service or their nature, function, qualities or other characteristics;
- the names, words, signs and advertising phrases that have passed into general use before your application for registration;
- the form given to the products;
- the natural or intrinsic color of the products or a single color applied to them.
Additional grounds for trademark rejection in Argentina
Moreover, Section 3 of the Law establishes that one cannot register the following signs:
- A trademark identical to one previously registered or applied for to distinguish the same goods or services
- The Trademarks similar to others already registered or applied for to distinguish the same products or services
- Designations of origin, whether national or foreign.
- The Trademarks that are likely to mislead the public regarding the nature, properties, merit, quality, production techniques, function, origin of price or other characteristics of the products or services to distinguish.
- The words, drawings and other signs contrary to morality and good customs.
- The letters, words, names, badges, symbols that the Nation, provinces, municipalities, religious and health organizations use or should use.
- The letters, words, names or emblems used by foreign nations and international organizations recognized by the Argentine government.
- The name, pseudonym or portrait of a person, without their consent or that of their heirs up to and including the fourth degree.
- Activity designations, including names and business names, descriptive of an activity, to distinguish products. However, the acronyms, words and other signs, with distinctive capacity, that are part of those, may be registered to distinguish products or services.
- Advertising phrases that lack of originality.
To conclude, before filling an application to register a trademark in Argentina, it is important to consider whether there are absolute or relative grounds to reject the trademark.
If you have already decided to protect your trademark in Argentina, contact us to begin the registration process today.