MARKS

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.

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).

Failure to register a trademark entails the risk of losing the exclusive right to use the mark in association with a particular good or service.

Benefits

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 an existing trademark. This
    benefit is aimed at preventing others from taking advantage of the reputation
    gained by an existing trademark owner.
  Legal proceedings against trademark infringement (misleading advertising, forgery,
    counterfeiting, unauthorized use, refilling or reuse of packaging, etc.) and other
    deceptive uses.
  Right to file requests for a quick injunctive relief to prevent the sale of goods that      may infringe on trademark rights.
  Acquisition of an intangible asset whose value increases as the brand gains more
     prestige among consumers..
  Trademark ownership certified by a title deed: 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 franchise, assignment and transfer agreements.


Patent Prosecution
Before filing a patent application, the professional members of Infomarca make a patentability search and provide expert advice to our clients. The sound recommendations made by the patent experts at Infomarca provide an overview of a trademark registrability with the National Institute of Industrial Property (INPI) or the feasibility of a third-party opposition request. We also offer expert advice on a wide range of procedures to effectively register a trademark with the INPI.

We are Patent Agents, and we have adopted strict policies to safeguard the confidentiality of our clients' information.

Filing a trademark patent application is worth the investment, and it enables you to capitalize on a 10-year professional patent watch service for your trademark.


Application process
Filing: Patent applications are submitted to the National Institute of Industrial Property (INPI) located in Ciudad Autónoma de Buenos Aires.
Announcement publishing: Within 60 days following an application filing, a patent application is published for opposition in the Official Trademark Gazette (Boletín Oficial de Marcas).
Contingencies: A third party may file opposition to a patent grant within 30 days from the date of publication of the grant. In this case, patent prosecution is delayed until the patent firm deals with an opposition proceeding and manages to solve the opposition dispute so that the application truly matures to registration. This administrative dispute procedure does not incur extra charges.
INPI Approval: If no contingencies occur, the patent application is assessed by the INPI within twelve months following the date of publication in the Official Gazette. If all patentability requirements are met, the INPI assigns a grant number and a grant date
Issuance of Patent Deed: Finally, the INPI issues the patent deeds, which constitute the legal embodiment of patent ownership. The term of the trademark protection is 10 years from the issue date, and this term can be indefinitely renewed for similar periods of 10 years.

The entire patent prosecution process typically takes fifteen to eighteen months.