FAQs
What can you register as a trademark?
One or more words with or without conceptual sense. Drawings / emblems / monograms prints / patterns / seals / images / bands / wrappers / containers / advertising phrases / trade names / Internet domain names / the trade dress of the company.
What is the function of a trademark? Benefits of registering a trademark.
The trademark has a distinctive function, since it constitutes an immediate and effective means of association, adhesion, growth and maintenance of the customer, allowing differentiation between products and services within its area.
Registering a trademark allows:
- Geographically safe grow.
- Prevent and avoid copies.
- Have the exclusivity of a name at the national level for certain products or services.
- The chance to expand the register to other countries to protect its business globally.
How trademarks are classified?
Products and/or services are grouped according to a common feature based on its utility or use. This is how trademarks are classified according to an international nomenclature containing 45 different kinds of classes in which 34 correspond to products and 11 to services.
It is important the criterion for choosing the class or classes that must be protected by a determined trademark, thus it is important that a specialist in the subject make the searches, back up the registry and supervise the surveillance and follow-up of the matter as well as identical or similar third-party applications.
How can you register your Trademark?
Requirements
To make a presentation of trademark, the following requirements must be completed:
- Applicant’s information (as a physical or legal person)
- Description of products or services to be distinguish.
- In case of having logo, color prints (with the corresponding pantone if it is necessary to claim the colors).
- If you designate one attorney, special Power of Attorney certified and legalized.
Steps
- Presentation of the application
Once the classification and search of trademarks are made, the applications for the names to be registered are draw up and their owners with proper documentation.
- Publication in the Trademarks Bulletin
About 60 days after the presentation the trademark will be published in the mentioned newsletter . From this time, third parties may submit oppositions.
- Oppositions
Once the trademark is published there is a period of 30 days for the filing of oppositions by third parties.
- Study of the filing
The Trademark Office of the INPI National Institut of Industrial Property examines the filing. This instance takes approximately 8 months.
- Grant and issuance of the corresponding Certificate
If all these stages are effectively conclude the INPI issues Certificates.
The procedure lasts 17 months approximately, provided that it did not receive any notification by oppositions or antecedents. The validity of the registration is 10 years throughout the Argentine territory.
Does the trademark registration have an expiration?
The registration of a trademark is valid for 10 years from the date of grant.
Note that this term can be extended indefinitely by the renewal of the same whenever it has been used.
Can I apply for the procedure from any point of the country?
Yes! Once you contact our office, we will prepare all the documentation, the corresponding presentations are made and then all receipts are sent to you for your file and registry.
Registering my trademark is the same thing register the domain name for my website?
No, they are two different procedures. Having the web domain order does not guarantee its protection as a trademark.
Only the registration of the trademark under the requirements of the law No. 22.362 protect your trademark from possible copies or misuse of the same.
Can I register the trademark if I still not start my business?
In fact the best way to start a new business is applying the brand as one of the first steps.
Once defined the idea and what is going to do with this project, you should check if there is the possibility of registration of the name chosen. If available, it is recommended to request the procedure at that time.
This provision and safeguard of the name offers you a secure start in which you will not find the unfortunate surprise that someone has already registered it and prevented its use. It will also save the initial investment capital since everything that is develop in terms of graphic image and the image of the business will be safe.
New solutions to GLOBAL CHALLENGES
We stand out at National and International level as regards the global protection of Trademarks, Patents and Intellectual Property.
Our main task in the global protection is to safeguard the rights of Industrial Property simplifying all registration processes in different countries.
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Service that is performed prior to a purchase process where the potential buyer evaluates a company and / or its assets in the face of an acquisition.
