What requirements must a trademark meet to be registrable in Argentina?
The most important thing is that there must not be an identical trademark, nor a similar trademark that could be misleading, previously registered to distinguish products or services in the same category.
What are the benefits of registering a trademark compared to simply using it?
As a first measure, a trademark is really a trademark if it is registered. If it isn’t, it’s just a business with a name. The use of a trademark, regardless of how long it is done, does not grant any right over it.
Just with the registration, its owner becomes the owner or owner of the brand and has rights to defend it. In addition, a brand is a good that can obtain a lot of value in itself and this value can only be achieved if it is registered. A registered trademark can be sold, assigned, pledged, and franchised.
What procedure must be followed to register a trademark in Argentina and how long does the process take?
Trademark registration is an administrative process that involves several stages and is carried out at the INPI, the National Institute of Industrial Property. However, there are some issues prior to the start of the process that it is important to carry out, such as carrying out a background study to see if the trademark has a chance of being granted and carrying out an adequate classification to determine in which class or classes we are going to protect the brand according to the field it is exploited. Regarding the process before the INPI, it is important not to lose sight of the fact that the application is only the first step in a process that lasts approximately 24 months.
What actions can be taken if a trademark infringement or misuse is detected?
In general, I recommend a personal approach as the first step, letting the offender know about such a situation and often with this the problem can be solved. However, it is always necessary to consult a professional beforehand to study the particular case and assess the need to take some precaution prior to communication. If speaking between the parties, nothing is achieved, the second step is to try to speak between the lawyers of the parts. If the infringement or improper use still persists, it is appropriate to send a document letter and, if necessary, initiate the corresponding actions in each case.
Contact information. On Instagram @soysusuvazquez and @estudiosusuvazquez. Web. www.estudio.susuvazquez.com.ar
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