Registering Trademarks and Patents in Argentina

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Argentina has a distinctive feature: it is not part of the Madrid trademark system or the Patent Cooperation Treaty (PCT). Protection must therefore be sought through direct national filings, usually claiming Paris Convention priority.

1. Trademarks

• Authority: the National Institute of Industrial Property (INPI).
• Route: national applications only, one class per application. Priority from a foreign filing can be claimed within six months.
• Procedure: publication in the Trademark Bulletin, a 30-day opposition period and examination. Oppositions must be resolved by negotiation or by the INPI within set deadlines.
• Term: 10 years, renewable, provided the mark has been used within the previous five years.
• Mid-term declaration of use: between the fifth and sixth year after registration, the owner must file a sworn declaration of use, or the mark may be lost for the unused classes.

2. Patents and utility models

• Patents: 20 years from filing, subject to annual fees.
• Utility models: 10 years from filing.
• Route: because Argentina is not in the PCT, you must file directly in Argentina within 12 months of your first filing to keep priority. Missing this deadline can mean losing protection there.
• Examination: substantive examination can be lengthy; Patent Prosecution Highway agreements with some offices may help.

3. Industrial designs

Industrial designs are registered for an initial five years, renewable for two further five-year periods.

4. Practical tips

• Put Argentina on your priority calendar from day one, since PCT and Madrid cannot be used later.
• Diary the mid-term declaration of use and keep evidence of use in Argentina.
• Foreign applicants act through a local agent with a power of attorney, which must be apostilled and translated.
• Customs offers a system to alert rights holders about suspected counterfeit imports.

The views expressed are personal and do not necessarily represent the position of NET CRAMAN. This article is for general information only and does not constitute legal advice. Rules change over time; seek specific advice before acting.