According to the World Intellectual Property Organization (WIPO), a trademark is “a sign that makes it possible to differentiate the products or services of one company from those of another.” There are different types of trademarks: word, design, combined, sound, three-dimensional, olfactory, among others. If you are thinking of registering your trademark in Argentina, keep reading to learn about types of trademarks in Argentina.
Traditional trademarks in Argentina
“Traditional” trademarks: word, design and combined.
The types of traditional marks are those that are composed of words, drawings, symbols or letters, and are appreciated only by the sense of sight.
- Word trademarks: It is the most conventional type of mark, these are marks formed solely by words, letters, digits, typographic characters or a combination thereof. In this type of trademark, a particular design or typography is not protected, but only the denomination is protected. Some examples may be “LEVI’S”; “ADIDAS”; “AUDI”.
- Design trademarks: This type of mark implies a design, drawing or image that does not contain text.
- Combined Trademarks: These are trademarks that are made up of an image with a design that includes words, letters, numbers or a combination of several or all of them. It seeks to protect both the denomination and the design.
Non-traditional trademarks in Argentina
Currently, other types of trademarks besides the traditional ones can be registered in Argentina, which are commonly identified as “NON-traditional” trademarks. These can be appreciated through other senses in addition to those of sight. A non-traditional trademark can be:
- Three-Dimensional: When seeking to protect as a mark the shape of an externalized object through different views. For example, the containers and packaging of the product.
- Sound: When the brand is a distinctive sound for a product or service.
- Olfactory: When the sign is olfactory to distinguish a product.
- Sequential: When the mark is composed of a sequence of movement (animated).
- Other types of trademarks in Argentina: for example, the holographic mark (it is a three-dimensional image recorded on a photosensitive film by means of a laser beam, in such a way that when observed from different perspectives, the image is reflected in three dimensions), tactile, Trade Dress , etc.
Likewise, Argentina’s Trademark Law No. 22,362 establishes in Article 1 that “The following may be registered as trademarks to distinguish products and services: one or more words with or without conceptual content; the drawings; the emblems; the monograms; the engravings; the prints; seals; the images; the bands; the color combinations applied in a certain place of the products or packaging; the wrappers; the containers; letter and number combinations; the letters and numbers by their special drawing; advertising phrases; reliefs with distinctive capacity and any other sign with such capacity”. This implies that the Law admits a broad interpretation of the distinctive signs.
Trademark protection in Argentina
In Argentina, in order to protect a trademark, it must be registered before the National Institute of Industrial Property (INPI). The trademark registration grants the holder the exclusive right to use it. That is, only the owner can use or license the trademark.
If you have decided to protect your trademarks in this country, start the registration process today.