Obtaining a trademark registration certificate is an essential tool for protecting and strengthening a brand. This legal document, issued by the INPI (Argentina’s National Institute of Industrial Property), grants exclusive rights to the owner and secures the identity of a brand in the marketplace.
What a trademark registration certificate is
A trademark registration certificate is the document that proves ownership of a registered trademark. This registration protects not only the name or logo, but also the exclusive rights to use the trademark in its commercial category, according to the Nice Classification.
Rights granted by the registration certificate
Under Argentine law, the owner of a registered trademark enjoys:
- Exclusive use of the trademark.
- The right to transfer the trademark or license its use.
- Protection against third parties who try to register a similar trademark, and the ability to take legal action against infringers.
- Inclusion among the company’s intangible assets.
How to obtain a trademark registration certificate in Argentina
Registering a trademark with the INPI involves the following steps:
- Trademark search: checking that the trademark is not registered by third parties.
- Filing the application: completing the corresponding form and paying the required fees.
- Publication in the Trademark Gazette: this allows third parties to file oppositions.
- INPI decision: if there are no oppositions, the registration certificate is issued.
What legal framework governs it?
Obtaining a trademark registration certificate in Argentina is governed by the following laws and regulations:
1. Trademark Law No. 22,362
This is the main legislation governing trademark registration in Argentina. Its key provisions include:
- Sections 1-4: establish what can and cannot be registered as a trademark.
- Sections 17-22: set out the registration process and the rights granted by the registration certificate.
- Section 31: addresses the improper use of registered trademarks.
2. Regulatory Decree No. 558/81
This decree supplements Law No. 22,362 and governs the administrative procedures for trademark registration. This includes:
- Formal requirements for filing applications.
- Deadlines and procedures for resolving oppositions and issuing the registration certificate.
3. Administrative Procedure Law No. 19,549
It applies to administrative proceedings before the National Institute of Industrial Property (INPI).
4. International treaties
If the registration is meant to support international protection, the following treaties should also be considered:
- Paris Convention for the Protection of Industrial Property: guarantees a right of priority for applications in other member countries.
- Madrid System: it simplifies the management of trademarks in multiple jurisdictions among its member countries, but Argentina is not a member, so protection abroad must be sought country by country.
Benefits of a trademark registration certificate
1. Legal protection
Holding a trademark registration certificate guarantees exclusive use of the trademark and allows you to take legal action against any unauthorized use. This is considered particularly relevant in highly competitive sectors, where trademarks are crucial intangible assets.
2. Higher value of intangible assets
Trademark registration increases a company’s net worth by turning the trademark into a tradable asset. This is key to attracting investors or negotiating licenses.
3. International expansion
Your Argentine trademark is the starting point for protecting it in other countries. Since Argentina is not a member of the Madrid Protocol, applications abroad are filed country by country, and you can claim the priority of your Argentine application under the Paris Convention if you file within 6 months, supporting your global expansion.
An expert’s view, by Nicolás Eguía
“Obtaining the registration certificate for your trademark is essential to ensure the protection and growth of any brand in the business world.
Holding this document gives you legal certainty, and it also increases the value of your company’s intangible assets.
If you want to secure the future of your brand, registration with the INPI is the first step toward success. At Eguía, we are leaders in trademark registration management.”
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