Actual use
Real use of the trademark in the Argentine market in connection with the goods or services covered. Prolonged absence of use can lead to lapse.
Key definitions adapted to Argentina: INPI, Laws No. 22,362, 24,481, and 11,723. Search for a term.
Real use of the trademark in the Argentine market in connection with the goods or services covered. Prolonged absence of use can lead to lapse.
A geographical name designating a product whose quality is essentially due to its geographical environment. A special form of protection, distinct from an ordinary trademark registration.
A procedure to remove a registered trademark from the register, for example when it has lost distinctiveness or was obtained in bad faith.
In patents, the clauses that precisely define what is protected. They determine the scope of infringement actions.
A sign that distinguishes the goods or services of companies sharing common characteristics and governed by regulations of use.
A creation made at the request of a third party. Without a written contract, initial ownership belongs to the author; an express assignment should be agreed.
A combination of a word element and a figurative element in a single application. It is the most frequent type of registration among SMEs.
The right to claim in Argentina the date of an earlier application filed in another member country of the Paris Convention, within the legal deadlines.
Prevents the registration of signs that describe the product or service without adding distinctiveness (for example, “Bakery” for bread). It is a ground for refusal or office action by the INPI.
A generic term for trademarks, logos, slogans, and other identifiers of commercial origin that can be protected before the INPI.
The sign’s capacity to identify commercial origin. The central requirement for registering a trademark with the INPI.
Dirección Nacional del Derecho de Autor (National Copyright Office), the agency where ownership of works is registered for evidentiary purposes in Argentina.
The rights to exploit the work economically: reproduction, distribution, public communication. They can be assigned by contract and last for 70 years after the author’s death.
A sign made up solely of graphic elements, with no dominant words. It protects the image exactly as filed.
A sign that identifies a product as originating in a territory when a certain quality or reputation is linked to that place.
A patentability requirement: the invention must be capable of being made or used in any kind of industry, under Law No. 24,481.
The ornamental or aesthetic appearance of a product or part of it. It is registered with the INPI and protected separately from the word mark.
A professional authorized before the INPI to represent owners in trademark, patent, and design proceedings. In Argentina it is the usual requirement for acting on behalf of third parties.
Instituto Nacional de la Propiedad Industrial (National Institute of Industrial Property). The autonomous agency that administers trademarks, patents, industrial designs, and utility models in Argentina.
A judicial or administrative declaration that the registration is void from the outset, for example for lack of distinctiveness or bad faith.
A title granting exclusivity over a new technical solution involving an inventive step. 20 years of protection from the filing date, subject to annuities.
The invention must not be obvious to a person skilled in the art. A requirement for invention patents in Argentina.
Undisclosed technical or commercial knowledge that provides a competitive advantage. It is protected through confidentiality agreements, not through patent registration.
Extinction of the trademark right for lack of actual use during five consecutive years, for failure to renew on time, or through a declaration of lapse requested by third parties.
An international system administered by WIPO for requesting trademark protection in several countries with a single application based on a home trademark. Argentina has not yet joined: to protect an Argentine trademark abroad, you must file in each country or region, claiming Paris Convention priority if you file within 6 months.
The author’s inalienable rights over their work: recognition of authorship, integrity, and the right to object to distortions. Perpetual under Law No. 11,723.
An international system of 45 classes that organizes goods (1–34) and services (35–45). The classes you choose when filing the application define which goods or services your trademark is protected for.
For patents, the invention must not have been disclosed before the application. For trademarks, there must be no earlier confusingly similar registration.
A challenge filed by a third party during the 30-day publication period in the Trademark Gazette. It suspends the grant until the matter is resolved.
Earlier trademarks, patents, or signs that may prevent or limit your registration because of similarity or identity. The prior-rights search is the first step before investing in a trademark.
The document evidencing the grant of the trademark. It allows the use of the ® symbol and legal action against imitation.
Extension of the trademark registration every 10 years from the application or grant. It must be requested within the year before expiration.
The INPI’s review of the sign’s registrability: distinctiveness, legal prohibitions, and conflicts with earlier trademarks.
An INPI observation during examination requiring the application to be clarified, limited, or amended before publication.
Transfer of the registration’s ownership to another individual or legal entity. It must be recorded with the INPI to be enforceable against third parties.
The INPI’s official publication listing applications admitted for processing. For 30 calendar days, third parties may oppose the registration.
The owner’s authorization for a third party to use the trademark under the agreed conditions. It can be recorded with the INPI to be enforceable erga omnes.
Conduct that improperly takes advantage of someone else’s effort: trademark imitation, confusion in the marketplace, misleading comparative advertising. Governed by Law No. 22,802, it complements trademark protection.
Protection for functional improvements to objects of practical use. A 10-year term under Law No. 24,481, with less demanding requirements than an invention patent.
A registration that protects the name alone, with no attached design. Any different logo falls outside the certificate.
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