Trademarks Registration
Search of Antecedents
Register
Our firm has a database with information on all the trademarks published in Argentina; therefore, searches are carried out very quickly. Before filing a trademark application, it is advisable to detect if there are any antecedents of other trademarks that may be opposable.
At GATTI this first assessment is free of charge as part of our advice prior to trademark registration.
Goods and/or services are grouped according to a common characteristic based on their utility or use. In this way, trademarks are classified according to a common international classification which contains 45 different classes of which 34 are goods and 11 are services.
It will also be possible to carry out a trademark search in the INPI database to check whether the trademark is available.
According to the Trademark Law 22.362 and except in very exceptional cases, the only way to obtain an exclusive right to a distinctive sign or trademark is to obtain a valid registration with the INPI. This is the best way to protect goods and/or services against counterfeiting and unfair competition.
Trademark Monitoring and Surveillance
Once the trademark has been incorporated in our digital files, it will be guarded in order to detect possible antecedents that may be published and may damage the distinctive strength of your trademark, resulting in a decrease in its value. In these cases, you should file an opposition to the new detected trademark and thus assert your rights.
It is also included in our digital archive and is monitored for the 10 years of its validity, and timely notice is given for its renewal for another identical period.
Defence of Oppositions
After filing, the application is published in the Official Trademarks Gazette. Thereafter, there is a period of approximately 30 days within which a third party may file an opposition to the application made.
In this instance our professionals will be able to advise you, guide you and define the actions giving the best response to implement and obtain a favourable process.
Granting and Issuance of Title
If all these stages are successfully completed, the INPI issues the corresponding title certifying that the trademark has been granted.
The procedure lasts from 8 to 12 months approximately, as long as you have not received any notification for oppositions and/or antecedents. The registration is valid for 10 years throughout Argentina.
