– Law No. 22.362 of February 1, 1981, amended by Law No. 27444 of June 18, 2018.
– Decree No. 242/2019 of April 1, 2019, in force since June 3, 2019.
– Resolution No. 279/2019, in force since December 10, 2019.

– Paris Convention for the Protection of Industrial Property (Lisbon Act: Art. 1-12; Stockholm Act: Art. 13-30).
– Convention Establishing the World Intellectual Property Organization (WIPO), since October 8, 1980.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), in force since February 18, 1988.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Nice Agreement Concerning the International Classification of Goods and Services, Geneva Act, since January 24, 2008.

Applicant: any person with legitimate interest.

Foreigners and nationals not living in the country: must appoint a representative.

Kinds of marks: words, devices, combination of letters, numerals, or any other sign with distinctive capacity.

Service marks: registrable.

Novelty: the marks applied for must not conflict with earlier registrations or pending applications.

Exceptions to protection: letters, words, names or signs that the Nation or the Provinces use or might use; designations of origin; the form given to the product by the manufacturer; the color of the product; terms that have passed into general use and signs that do not show characteristics of novelty or specialty; expressions usually employed for indicating the nature of the products or the class to which they belong; expressions and designs contrary to morality.

Classification: International Classification of Nice (11th Edition).

Multi-class applications: are not permitted.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney signed by the applicant (or by an executive officer, if the applicant is a body corporate) before a Notary Public and legalized by an Argentine Consulate or Apostille;
2. 1 print (not necessary for ordinary word marks);
3. List of goods / services to be protected;
4. When claiming Convention priority: certified copy of home application. The priority document should be translated into Spanish by a local sworn translator and can be submitted within thirty days as from the date the application is filed.

Electronic filing: filing online is possible since August 2013; no reduced official fees apply. 

Electronic signatures: are not accepted (only wet signatures).

For a change of name:
1. A certified copy of the document issued by the Registrar of Companies or the like, legalized by Apostille;
2. Power of attorney reflecting the new name, notarized and legalized.

For a change of address: no document is required.

Examination: as to form and registrability as well as to prior references. 

Disclaimers: available.

Letters of consent: can be accepted by the Trademark Office in order to overcome an objection, but are not binding upon the Registrar. In case a letter of consent is filed, a signed copy with a sworn translation into Spanish would suffice.

Publication: new applications are published in the “Boletin de Marcas” (Trade Mark Gazette) for purposes of opposition by third parties.

Opposition: statutory term of thirty days after the publication date.

Rights of prior user: no provision.

Delivery of document: the trademark certificate is issued in digital format only.

Duration: ten years from the date of grant. 

Renewals: every ten years as of first registration date; within sixty days prior to the date of expiry. Grace period: six months. 

Use: is compulsory. A mid-term declaration of use must be submitted to the Trademark Office between the 5th and 6th year from the registration date. Late filing of the declaration is possible, upon payment of a surcharge per year of delay. Renewal applications shall not be processed until after the trademark owner complies with the mid-term declaration of use, and pays the relevant cumulative surcharges. Failure to timely submit the mid-term declaration of use creates a rebuttable presumption of lack of use. 

Cancellation of registered trademarks: as of December 10, 2019, it is possible, at the request of a third party or ex officio by the Trademark Office, to request the cancellation of a registered mark before the Trademark Office for marks granted in violation of the Trademark Law or due to non-use (for a period of five years counted from the registration date). Previously, these actions were decided by the courts. The non-use cancellation before the Trademark Office affects those registrations that have been registered for more than five years. 

Marking of goods (covered by a trademark registration): not required, but products manufactured in the country must bear the inscription “Industria Argentina”, and those imported from abroad: “Made in Germany”, “Made in U.S.A.”, “Made in England”, etc. 

Infringement: the following cases are punishable: using marks that fraudulently imitate another registered mark; counterfeiting a mark; knowingly affixing a mark belonging to another or fraudulently imitating it; knowingly selling counterfeited marks or authentic marks without the consent of the trademark owner; where the offense is repeated, the penalties are doubled.

Penalty for infringement: fine and imprisonment from three months up to two years. 

Assignment: may be effected with or without the goodwill of the business.

Licenses: registration is not compulsory.

Kind of property: attributive. 

Re-registration of expired marks: possible, by other applicant than previous owner.