Before you register, it is wise to check whether the sign is already protected. We explain how to search the database of the INPI (Argentina’s National Institute of Industrial Property), what details to review, and when to order a professional prior-rights search.
Why search before launching your brand
The search should come first, even before you invest in design or in the launch. It saves you three problems:
- A unique identity: an exclusive trademark lets you stand out and keeps customers from confusing you with someone else, which is key in highly competitive sectors.
- Resources well invested: registering takes time and money. Knowing in advance that the name is available keeps you from losing what you invested in design and promotion.
- Legal disputes: using a sign identical or similar to a trademark registered in the same class can end in claims, damages, and the obligation to change your name.
How to use the INPI search tool
The INPI has a free public search tool. We show you how to run a preliminary search yourself and what to look at afterwards.
1. Go to the INPI portal
Access the public trademark search tool from the INPI’s official website. It is open to everyone and does not require you to create an account.
2. Search by name
Type the exact name of your trademark. The search tool shows literal matches: identical trademarks that are registered or pending.
3. Try variants
Also search for how it sounds, alternative spellings, and similar words. Many conflicts arise from similar trademarks, not identical ones.
4. Check the class of each result
An identical trademark in a class unrelated to your line of business may not be an obstacle. The class is everything.
5. Interpret the status of the file
Granted, pending, abandoned, expired: each status changes the analysis. This is where a professional reading makes the difference.
Why the public search is not enough to make a decision
The public search tool shows exact matches, but the real examination of a trademark goes much further.
Trademarks are refused on grounds of phonetic similarity (for example, “Kuik” versus “Quick”), visual or conceptual similarity, and also because of conflicts in related classes.
Our professional search covers all of those angles with legal judgment and tells you what the search tool doesn’t: the real likelihood that your trademark will be granted.
The availability report
Search report: we identify identical and similar trademarks, whether phonetically, visually, or conceptually similar, in the classes relevant to your business.
Registrability assessment: we give you a concrete recommendation on whether to move forward, adjust the trademark, or change strategy.
If you go ahead with the registration with us, the prior-rights search is included in our fee for handling the application.
The next step is to register your trademark in Argentina.
What if you want to sell in other countries?
An INPI registration covers Argentina only. If you plan to expand, the search must include your target markets. Some useful public databases: WIPO’s Global Brand Database, TMview for Europe, and the USPTO search system for the United States. Read more in how to take your trademark international.
What to do depending on the result
- It is available: the next step is to register it. The procedure takes months, but it secures the exclusive use of the name and logo in Argentina.
- It is registered, but the owner is selling it: you can buy it and transfer ownership through an assignment recorded with the INPI. See the advantages of buying a registered trademark.
- It is taken: you can adjust the name or the logo to set it apart, or choose a new name. Sometimes that is the fastest and most economical option.
Using a trademark that is already registered is an infringement: it can lead to court actions, an obligation to withdraw products from the market, and payment of damages to the owner. That is why it is wise to clear up any doubts before launching.
Frequently asked questions about trademark searches
How do I know whether a trademark is already registered?
You can run a preliminary search in the INPI search tool by following the steps in this guide, but to make an investment decision you need a likelihood-of-confusion analysis that evaluates similarities, classes, and the actual status of each file.
That is what our report does.
How long does the report take?
It depends on the scope of the search: the number of classes and the types of similarity to be analyzed.
Contact us and we will confirm the timeline along with a quote.
What happens if my trademark is not available?
We propose alternatives: modifying it to set it apart, negotiating with the owner, or evaluating classes where it is still available.
A trademark being taken is not always the end of the road.
How much does the search cost?
It depends on the scope: the number of classes and the types of similarity to be analyzed.
Your first consultation is free: contact us and we will send you the details for your case, with no obligation.
