The Argentine Trademark System has the following characteristics:- The trademark
registration term is for 10 years. The registration or application of a
trademark in Argentina
may be void if registrant or applicant knew or should have known the trademark
belonged to another party. Oppositions to applications are not resolved by the
Trademark Office. Any person with a
"legitimate interest" can oppose a trademark application; the trademark
use is required for renewal of registration every 10 years, and to prevent a
cancellation action (at any time during the 5 years prior to the event). Argentina
follows the attributive system where the right in a given trademark comes into
effect with the proper registration. One
can be granted the registration of a trademark, if there are no oppositions by
third parties, or if there are oppositions which are effectively negotiated and
withdrawn, and if there are no Office actions, or if there is an Office action
but Applicant satisfactory answers it. If an opposition is not withdrawn or if
the Office action leads to a formal rejection of the application, the Applicant's
only recourse is to take the matter to the courts.
International Classification has been adopted. The law considers that
"use" of a trademark could involve: The marketing of any product. With
regard to goods, the use in connection with a service will be sufficient; the
use of a trademark as a trade name or part thereof also complies with use
requirements.