|Principle of registration||“First to file” principle|
Who file/register the mark earlier, who owns the mark.
|“First to file” principle|
In Argentina, trademark rights and their exclusive use arise from registration. However, the courts have exceptionally granted protection to trademarks which have not been registered but which have been intensely used and have obtained a clientele.
|Trademark element||Word, picture, figure, three-dimensional picture, sound and color, or any combination of them.||Word, picture, figure, three-dimensional picture, sound and color.|
|Official management office||China Trademark Office (CTMO)||National Institute of Industrial Property (INPI)|
|Required documents & information||1. Applicant's identification documents;|
2. Signed power of attorney (e-copy);
3. Trademark image;
4. Class and goods/service items;
5. Applicant name/address and corresponding Chinese translation (We can do the translation.)
|1. Trademark Information: trademark image, detailed goods/services|
2. Applicant Information: name, address, contact information. For Argentinean applicants, Tax ID shall also be informed.
3. Power of Attorney: Original notarized and legalized version is required.
|Class of goods/services in Application||1. Nice Classification;|
2. Up to 10 goods/services items in one class. Or additional fee will occur.
|1. Nice Classification, 11th Edition.|
2. Protection for all goods/services included in the class is allowed at no extra charge. However, if the trademark includes in its name the goods/services to be protected, then the trademark shall be limited to cover those specific goods/services.
|Description of the trademark to be filed||Foreign words|
Need to explain the meaning of the words.
|Foreign words will be regarded as a device.|
Trademark Examination & Registration
|Examination period||1. Formal examination takes around 1-3 months. Just check all the documents are formally submitted.|
2. Substantial examination
CTMO will check the mark. If there is an refusal, it will happen in this period. This procedure usually takes 7-9 months.
|1. Formal examination 2-4 months|
2. Substantial examination: if no objections arise approximately one year and a half.
|Publication||If the mark is preliminarily approved, the CTMO will publish this mark on Trademark Gazette for 3 months and if no one files the opposition, this mark will be published for registration and the CTMO will issue the original Registration Certificate.||If the mark is preliminary approved, it will be published in the Official Gazzette for opposition purposes in approximately 3/4 months after filing date.|
|Time for Registration||13-15 months||12-18 months if no conflict arises|
|Trademark Opposition||The 3-month publication period is for opposition.||1 month/30days from publilcation|
|Review on refused trademark application||The applicant can file for review for the refused mark to the Trademark Review and Adjudication Board of State Administration for Industry and Commerce (TRAB) within 15 days after receives the rejection.||1. A refusal of a trademark application on grounds of third-party opposition are subject to appeal before the National Chamber of Appeals in Federal Civil and Commercial Matters within 30 days as from the official notification of the decision.|
2. A refusal of a trademark on grounds other than a third-party notice of opposition are to be appealed before the Federal Court of Appeals on Civil and Commercial matters within 30 working days as from official notification of the refusal.
Trademark Use & Maintainance
|Use declaration and proof of use.||No use declaration is needed to be submitted after or before the trademark is approved.||When renewing the mark, even though there is no need to demonstrate use, the applicant must submit a sworn declaration stating whether the mark was used within five years prior to the expiration. The ?Decree? has established that it is mandatory to file a Trademark Declaration of Use upon the fifth anniversary of registration of a trademark.|
|Trademark cancellation||Any party can file a cancellation application against a registered mark after it is registered for more than 3 years on basis of non-use for three consecutive years.||Any party can file a cancellation application against a registered mark after it is registered for more than 5 years on basis of non-use for three consecutive years.|
|Trademark invalidation||A prior right holder or relative party can file invalidation against a registered mark within 5 years counted from the date of registration. If any party is unsatisfied with the decision, it can file review with TRAB within 15 dats as receipt of the decision and further appeals to court.||According to our TM Law, there are three grounds for invalidity: |
1. a mark granted against the provisions of the law;
2. the deliberate registration of someone else?s mark;
3. the speculative registration of trademarks for subsequent sale. According to the Decree, the INPI will rule on the first grounds for invalidity and the decision may be appealed before the Federal Court of Appeals within 30 working days as from official notification. The other two grounds continue to be decided by the National Chamber of Federal Civil and Commercial Appeals.
|Trademark renewal||12 months before the validity expires, the owner should apply for renewal if he still wants to own it. If no application has been filed at the expiration, there is a grace period of 6 months.||The validity of a trademark is ten years counted from registration date. It may be renewed indefinitely every ten years. A renewal can be filed within 60 days before expiration date. There is no grace period for filing renewals.|
|Remark||None||The Decree published in the Official Bulletin on January 11, 2018 and which entered into force on January 12, 2018, establishes modifications to the procedures of the following Laws: No. 22,362 for Trademarks and Designations etc. Some aspects of this Decree as well as its regulation, particularly related to trademark opposition procedures, are still under discussion.|