LAURITSEN & ASOCIADOS - FREQUENTLY ASQUED QUESTIONS - TRADEMARKS
A MARK PROTECTS ALL PRODUCTS OR SERVICES?
There is a Trademark Nomenclador which defines 45 classes: 34 for goods and 11 for services. According to what products or services the mark is used is recorded in a particular class. Click to Nomenclador Trademark
HOW LONG IS VALID THE TITLE OF TRADEMARK?
Lasts 10 years from the grant, which are renewable for equal and successive periods.
WHERE IS VALID REGISTRATION?
In all Argentina. Once there the mark awarded within six months to register outside enjoying the Argentina priority.
WHAT CAN REGISTER AS A BRAND?
The general rule is that any sign that is capable of distinguishing goods or services is registrable: one or more words with or without conceptual content, drawings, emblems, monograms, engravings, prints, stamps, pictures, bands, combinations of colors applied in a place particular product or packaging, packaging; packaging, combinations of letters and numbers, letters and numbers for its special design, advertising phrases, reliefs with distinctive capability, among others.
WHAT CAN NOT REGISTER AS A BRAND?
Basically they are not registrable: a) similar or identical to those trademarks. b) The generic. c) The misleading names or tend to confuse the public about its characteristics. e) The designations of origin. f) the name or likeness of a person without their consent. The prohibitions are established by law 22.362 (Article 2 and 3).
WHO CAN APPLY FOR REGISTRATION OF A BRAND?
Anyone with a legitimate interest.
HOW LONG STEP?
The procedure in the INPI has not received any opposition or observation lasts about 18 months. Click to Step Trademark
WHAT IF I GET MY MARK OPPOSITION?
We must manage the withdrawal by limitations or other agreements. After the withdrawal of the opposition is obtained, the writings are presented in the INPI and the record continues its process for granting unlocks.
WHAT HAPPENS IF YOU REACHES AGREEMENT?
Failure to reach agreement, will convene a mediation. And if you still do not remember, only then we proceed with judicial option to have a judge determine who has the right.
CAN YOU ASSIGN OR TRANSFER A BRAND?
If it is required to certify the signature notarized and the assignor was married, your spouse must also sign.
CAN I BUY A TRADEMARK?
Yes, there are brands for sale listings. The advantage is that you do not expect the whole process to have the brand title.
WHAT YOU MAKE THE REGISTRATION ADVANTAGE THROUGH AN AGENT OF INDUSTRIAL PROPERTY?
Fundamentally take custody of their brand throughout its duration, telling you when others have similar markings which can dilute their exclusivity, with the purpose of conducting examinations preventing be granted. Please note the expiration to maintain the current validity and also on changes in legislation or new regulations
LAURITSEN & ASSOCIATED. INDUSTRIAL PROPERTY AGENTS. TRADEMARKS, PATENTS, MODELS. LAWYERS © 2015
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