You will find here all the important information about filing trademarks, designs and patents.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Hague Agreement on Industrial Designs: NO.
Decree Law No. 6673/63 on Industrial Designs and Models, as amended by Law 27.444/18, Resolution 250/18, Resolution 252/18 and Decree 353/2019.
Identification of the applicant, description (optional), drawings (up to 7 positional views; only the perspective view is mandatory), priority document (when applicable) and power of attorney.
* Power of Attorney duly notarized and legalized within 40 working days from filing date.
* Certified copy of priority application and its translation into Spanish within 90 days from filing. The translation of the priority application must be signed by a local sworn translator. DAS codes are accepted; however, if they are declared on the application form, a sworn translation of the priority document must also be submitted to avoid an office action.
Possible. Up to 20 embodiments, provided that they fall under the same Locarno Classification.
- Identification of the applicant, description (optional), drawings.
- Power of Attorney duly notarized and legalized within 40 working days from filing date.
- Certified copy of priority application and its translation into Spanish within 90 days from filing. The translation of the priority application must be signed by a local sworn translator.
YES.
Up to 6 months from its grant date.
- Filing.
- Formal examination.
- Decision.
None.
From 1 week to a maximum of 3 month, if priority is claimed.
5 years from the date of registration (plus 2 renewal terms of 5 years each).
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Madrid System: NO.
Law No. 22.362 of 26 December 1980 and subsequent amendments.
Nice classification, 13th edition.
Not possible.
Words, drawings, images, emblems, monograms, engravings, stamps, seals, a combination of colours applied to specific parts of the product or packaging, letters, numbers or a combination of both, packaging, original slogans, sound marks, a combination of all of the above items. Packaging may be registered as a three-dimensional mark.
- Power of Attorney duly notarized and legalized within 40 working days from filing date.
- Certified copy of priority application and its translation into Spanish within 90 days from filing. The translation of the priority application must be signed by a local sworn translator.
- Absolute grounds for refusal: YES.
- Relative grounds for refusal: YES. (Only if a third party files an opposition will the Trademark Office examine relative grounds; otherwise, these grounds will no longer be considered.)
30 days from publication date. If an opposition is filed against the application, the applicant has three (3) months from the notification to negotiate withdrawal of the opposition. If no agreement has been reached, the opposition is held before the TM Office.
Approximately 20 months, unless any obstacles were raised.
10 years from the date of registration.
YES. Cancellation can be requested if the trademark has not been used for 5 years, counting from the registration date. Partial cancellation is now possible.
As of 3 June 2019, use has to be declared every 5 years throughout the entire life of the trademark. A sworn declaration of use must be filed between the 5th and 6th year, counted from the registration date for marks registered or renewed on/after 12 January 2013, as well as with every subsequent renewal.
6 months prior to renewal date.
6 months after the renewal date.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Patent CooperationTreaty (PCT): NO.
Patent Law 24481 (as amended by Law 27444 and regulatory resolutions).
- Patent of Invention.
- Utility Model.
- Patent of addition.
NO.
- Power of Attorney duly notarized and legalized. Submission before the Patent Office is not required unless requested by the Examiner but said PoA is necessary in order to be able to execute a sworn declaration stating entitlement to represent the applicant.
- Assignment document from the inventors merely signed (no legalization required) within 90 days from filing and sworn translation. Not required under certain circumstances.
- Digital copy of certified copy of priority application and sworn translation of the priority application within 90 days from filing.
Accepted. Late submission of the Spanish translation is possible within 10-working days. In such case, it must be a sworn translation by a registered local translator.
YES, within 18 months from filing date.
NO.
YES, within 60 working days from publication.
YES, within 60 working days from publication.
6 years.
20 years from filing date.
10 years from filing date.
UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.
Yearly after grant.
NOT mandatory.
YES.