FREQUENTLY ASKED QUESTIONS

What is a mark?
Marks are distinctive signs that allow consumers to identify specific products or services in the marketplace. In a competitive environment, it is the distinguishing attribute of marks what allows consumers to make their own purchasing decisions to satisfy their needs.

What is the primary purpose of a mark?
Marks allow consumers to identify products or services based on the quality and other values that the mark embodies.
Hence, in many cases, a mark becomes the most valuable asset of a company.

The main purpose of a mark is:
- Allow products and services to stand out from the competition
- Provide information on the source of a good or service
- Underline the quality and distinguishing values of a product or service
- Carry out and reinforce a promotional role

Why is it important to register a trademark?
Even though registering a trademark in Argentina is conceived as a right, and not as an obligation, it must be taken into account that …"ownership and exclusive rights on a trademark can only be obtained through registration with the National Institute of Industrial Property" (Law 22362).

YOU CANNOT PROTECT YOUR OWNERSHIP RIGHTS ON A MARK: If your mark is not legally registered, anyone may be able to use it and claim ownership rights on the mark.

YOU MAY LOSE YOUR MARK: Any person or company using a legally registered mark in connection with certain goods or services, which are identical or confusingly similar to your mark, will be able to sue you for infringement.

A MARK IS A REGISTRABLE TYPE OF ASSET: Just like real estate or automobiles, intangible assets are subject to ownership rights. Thus, a title deed certifies who the legal owner of the intellectual property is, and it enables the owner to underwrite: sale, franchise and assignment agreements.

What can be registered as a trademark?
The first three sections of Law 22362 state which signs can be registered as trademarks to obtain legal protection.

Basically, all signs that distinguish a company's products or services can be registered as trademarks, unless there are legal grounds for exclusion.

A few examples of what signs can be registered as trademarks are:
One or more words with or without conceptual content; drawings, symbols, monograms, engravings, embossing, stampings, seals, images, combinations of colors applied on a specific part of the products or containers, combinations of numbers and letters, in a special font or presented in a special layout, containers, original advertising jingles and phrases.

What kinds of marks are there?
Product marks
Service marks

Because of their intrinsic nature, marks are classified as follows:
Denominative marks: Marks that identify a product or service through a combination of words, letters or numbers, without appealing to specific graphic characteristics or colors.
Graphic marks: Marks made of figures, drawings and logotypes.
Mixed marks: These marks are the result of a combination of two or more denominative and graphic elements at the same time, or the combination of nominative elements with a special writing style, form or color.

Can one application cover more that one class of goods and services?
One application cannot cover more than one class of goods and services. A separate application is needed for each class, according to the International (Nice) Classification of Goods and Services.
This Classification includes 34 classes of goods and 11 classes of services.

Who can file a trademark application?
Any natural person or legal entity with legitimate interest may register a trademark.
The applicant should establish legal domicile in Ciudad Autónoma de Buenos Aires.

What role do patent agents play?
Patent agents provide legal advise and represent third parties in the patent prosecution, protection and watch processes.

What are the benefits of registering a mark?
- Exclusive right to use the trademark for 10 years, with optional 10-year renewal
   terms.
- Right to request opposition proceedings when a trademark (identical or confusingly
   similar) is likely to confuse consumers with respect to your trademark. This benefit
   is aimed at preventing others from taking advantage of the reputation gained by
   your trademark.
- Legal protection against trademark infringement (misleading advertising, forgery,
   counterfeiting, unauthorized use, refilling or reuse of packaging, etc.) and other
   deceptive uses.
- Right to prevent the sale of goods infringing upon trademark rights.
- Acquisition of an intangible asset whose value increases as the brand gains more
   prestige among consumers.