Argentina adopts the attributive system for the protection of trademarks. Therefore, the ownership and legal protection over a trademark in this country are obtained through its registration. Trademarks in Argentina are registered before INPI and there are 5 common mistakes that should be avoided when looking to register a trademark in this country. Read about them below.
1) Not carrying out an availability search before filing the application to register a trademark in Argentina
The most common mistake is not to carry out a trademark search before filing the application. A trademark search implies looking for already filed or registered trademarks that may cause confusion to yours. As Argentina law adopts the “First to file” basis, whoever first files the trademark has priority over it. The search allows you to know whether your trademark is available or a third party has already filed it.
2) Opting for a descriptive or generic trademark
The second most common mistake is to choose a descriptive or generic trademark. Argentina’s Trademark Act No. 22,362 establishes in its sections 2 and 3 the absolute and relative grounds for rejection. Therefore, you need to make sure your trademark is not included within said grounds.
3) Not choosing the list of products and/or services from the TM classification tool
Argentina uses the Nice Classification for the registration of trademarks. Therefore, you must classify the products and/or services properly in their corresponding class/es. In order to do so, it is highly recommended to use the TM classification tool, which the trademarks office uses for applications.
This tool allows to pick from a pre-determined list of products and services included in each of the 45 classes of the Nice Classification. If the TM tool is used for classification and application, then it goes through an accelarated formalities exam. Otherwise, if the terms are included manually, the office takes longer to analyze the correct classification of the products and/or services.
4) Not filing the Power of Attorney in time
When filing an application in Argentina through a lawyer or Industrial Property Agent, you need to file a POA. However, you can file the application and then accompany the POA within 40 business days from the application. Additionally, please note that even though a simple Spanish POA may be filed, the office may require for its notarization, legalization/apostille and official translation into Spanish (if it is in another language).
5) Not including a high resolution image of a trademark design
Whenever a design or combined trademark is filed, you need to file an image of it in JPG. A common mistake is to accompany an image that is not clear and receive an observation as a consequence. Please, note that the image must be in JPG between 200 and 300 DPI and have a maximum of 2 MB. Additionally, no linear trace should be less than a line value of 0.3 mm and the fonts of text included must be clearly legible.
The above mentioned are the most common mistakes carried out in the registration of a trademark in Argentina and can be easily avoided.