Trademarks

Trademarks constitute one of the main intangible assets of a company, as they allow products or services to be identified and distinguished in the marketplace, facilitating their recognition by consumers and strengthening the commercial identity of their owners. In Argentina, the trademark system is governed by the Trademark and Designations Law and administered by the National Institute of Industrial Property (INPI), applying equally to both individuals and legal entities, whether domestic or foreign.

Different types of signs may be registered as trademarks, provided that they possess distinctive character and are capable of distinguishing products or services from others of the same kind. These include words, logos, images, color combinations, slogans, three-dimensional shapes, sound marks, and other signs capable of representation.

The applicable regulations also establish certain prohibitions regarding registration. Among others, signs that are generic or descriptive in relation to the products or services they intend to distinguish may not be registered, nor signs that are deceptive or contrary to public order and morality, official symbols of States or international organizations without authorization, or signs lacking sufficient distinctiveness. Likewise, the system provides mechanisms through which owners of prior rights may oppose the registration of marks they consider confusingly similar to their own.

The registration procedure comprises several administrative stages. It begins with the electronic filing of the application before the INPI, indicating the applicant’s details, the mark to be registered, and the products or services covered under the corresponding class pursuant to the Nice International Classification.

As a practical recommendation, it is advisable to use descriptions of goods and services included in the Harmonized Database of the TM Class system. When the specification exclusively includes pre-approved items, the formal examination may enter an automated “fast track” procedure, significantly reducing prosecution times and allowing particularly rapid publication of the application, provided that no other formal or substantive objections arise.

Following filing, the INPI conducts a formal and substantive examination prior to publication. At this stage, the authority verifies compliance with formal requirements and analyzes only absolute grounds for refusal, such as lack of inherent distinctiveness, the existence of identical signs, or issues relating to public order. Under the currently applicable regime, the INPI does not examine relative grounds ex officio based on third-party prior rights.

Once the application successfully passes this examination, it is published in the Trademark Gazette. From the date of publication, an unextendable thirty-day period is opened during which interested third parties may file oppositions based on prior rights.

Upon expiration of the publication period, provided that no oppositions or outstanding objections remain pending, the trademark is granted and the corresponding digital certificate of registration is issued. Registration grants the owner the exclusive right to use the trademark in connection with the protected products or services, allowing the owner to prevent third parties from using identical or confusingly similar signs without authorization.

Trademark protection remains in force for ten years from the date of grant and may be renewed indefinitely for successive equal periods, subject to compliance with the applicable legal requirements.

International Protection

The protection of intangible assets often requires a strategy that extends beyond the local scope. In this regard, the Firm provides comprehensive advice on the protection and management of trademark rights abroad through a well-established network of specialized correspondents in multiple jurisdictions.

This approach enables the Firm to support its clients in their international expansion, designing protection strategies aligned with their business objectives, the territorial scope of their activities and the specific characteristics of each market.