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Frequently Asked Questions
What is a Trademark?
A trademark is the symbol which distinguishes a product from another
product or a service from another service. It plays an important roll
in the commercial competence.
What are the different types of trademarks?
There are product trademarks and service trademarks.
And there are categories within these two:
Denominative: Composed exclusively of words, letters,
numbers and their combinations, with no mention of graphic characteristics
or specific colors.
Figurative: They consist of graphic symbols, drawings
and logotypes.
Mixed: This type is the one which combines both of
the previous two categories.
What is the use of a Trademark?
The capacity to distinguish a trademark allows the acknowledgment
of the consumers of the product or service, and therefore the success
of the activity to develop within the commercial competence.
The registration of a trademark enables a bond between the consumer
of the product or service and the owner of the trademark.
A trademark grants to its owner the exclusive use thereof, with the
possibility to exclude others from the use thereof and of any other
trademark which may create confusion or in affect the exclusive right
in any manner.
As well, the registered trademark grants a property right and consequently
the possibility to dispose of it by selling, assigning or granting
its use through license or franchising contracts.
A commercial trademark enables: To distinguish from the competence
To indicate the origin of the product or service
To indicate quality and other characteristics
The publicity of the product
What can I register as a trademark?
The Argentine Ley de Marcas [Argentine Trademark Law] enables the
registration of any sign which may contain the ability to distinguish
products or services.
The following are some examples: One or more words, with or without
conceptual content, drawings, emblems, monograms, engravings, stamps,
seals, images, the combination of colors that may apply to a specific
part of the product or its container, the combination of letters
and numbers or a special drawing thereof, the containers or original
slogans.
What are the rights granted by the trademark?
The registration of the trademark grants the property and exclusive
use of the trademark, being able to exercise all the defenses due
to the non authorized use on behalf of third parties.
It enables third parties to make use of the trademark through the
celebration of license contracts. As well, it grants the possibility
to sell the trademark, whether partially or totally.
Who can register a Trademark?
Any natural or artificial person can request the registration (For
example, a Limited Liabity Company [S.R.L or a Company [S.A]).
Which are the terms for the resolution
of the trademark request?
The National Institute of Industrial Property [Instituto Nacional
de la Propiedad Industrial] resolves the trademark request within
a term of approximately 18 months, provided that the trademark has
not been opposed by a third party or observed by the Registry.
The registry of the trademark covers
all the products or services?
No, since the Argentine Trademark Law [Ley de Marcas Argentina]
protects the different products or services through its categorization
in 48 classes.
Which is the term of duration of the
trademark registration?
The term of the registration is of 10 years, counting as from the
granting of the title, renewable for equal and successive periods.
Which is the territorial validity of
the trademark registration?
It is valid within the territory of the Argentine Republic.
Can I register my trademark in other
countries?
Yes, since our Bureau has correspondents in the following countries:
the United States, Mexico, Uruguay, Chile and Brazil.
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