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introduction
After registering a trademark in Argentina, if the management of "evidence of use" is ignored, even if the registration is successful, it may become invalid overnight! As an important market in South America, Argentina's trademark rules conceal many detailed risks. This article combines the latest local regulations to draw a "life and death line" for trademark maintenance for enterprises.
01
Special Points of the Argentine Trademark System
1. Legal Basis
According to the Argentine Trademark Law (Ley 22362) and its revised provisions in 2023:
Periodic voluntary oath requirement: There is no need to regularly submit usage declarations like in the Philippines and the United States.
Usage obligation: After trademark registration, it must be truly put into commercial use. If it has not been used for 5 consecutive years, any third party may apply for revocation (Art. 26).
According to Argentine trademark law, trademarks registered on or after January 12, 2013 are required to submit an oath for the 5th to 6th year. Failure to submit the trademark declaration for the 5th to 6th year in a timely manner will result in the payment of a certain late fee each year.
2. Revoke the core rules of the program
Inverted burden of proof: Once revoked by someone else's application, the trademark holder must submit evidence of use for the past 5 years within 30 working days after receiving the notice.
Consequences of non use: If the use cannot be proven, the trademark will be directly revoked by the official (INPI) without the right to appeal.
02
Core Requirements for Trademark Oath
1. Use evidence management
Scope of use:Goods/services that require actual use within Argentina (or customs import and export) and cover the registered category.
Effective evidence:
① Sales records:Argentina local invoice (including tax number), e-commerce platform order (showing delivery address in Argentina), customs declaration form.
② Advertising materials:Spanish language advertising (television, social media, outdoor advertising), exhibition photos (such as Buenos Aires exhibition).
③ Physical product:Product packaging and labels with trademarks (marked with "Fabricado en Argentina" or importer information).
2. Renewal Rules
Cycle:The trademark is valid for 10 years and requires an application for renewal to be submitted within 6 months before expiration (there is a 6-month grace period for exceeding the deadline, but late fees must be paid).
03
The consequences of not submitting the oath
High risk of being hijacked for registration
Invalid trademarks may be quickly seized by local enterprises, especially in popular consumer goods and pharmaceutical categories.
Re registration takes 12-18 months and may be rejected due to the "original trademark invalidation record".
Legal rights protection restricted
Unused trademarks cannot be sued for infringement, and may even result in being sued for "malicious hoarding".
04
Avoiding pitfalls guide: 3 core strategies
Establish an evidence archive system
Archive quarterly:Save sales invoices, advertising contracts, and physical product photos (it is recommended to indicate the time and location).
Unused trademarks:Sign a local distribution agreement or issue a "pre-sale announcement" as proof of preparation for use.
Monitor trademark status
Monitor the trademark status through the INPI official website or authorized agency to promptly detect revocation applications.
Entrust local agent
Argentina requires non resident enterprises to handle procedures such as revocation of defense and renewal through local lawyers.
05
Frequently Asked Questions and Answers
1. Does the trademark meet the usage requirements as it is only sold through Mercado Libre (an Argentine e-commerce platform)?
Answer: Compliant! Platform sales links, order screenshots (including Argentine buyer addresses), and logistics delivery records are required.
2. Is the trademark authorized for use by an Argentine agent considered valid use?
Answer: Sure! Notarized local sales invoices or store photos of authorized agents are required.
3. Can the obligation to use be exempted due to the suspension of business due to the economic crisis?
Answer: Not exempt! Unused product categories need to be deleted in advance, otherwise they may be revoked as a whole.
4. Is it safe to not use a trademark for the first 5 years after registration?
Answer: There is a risk involved! Third parties can apply for revocation at any time after 5 years of registration. It is recommended to use and retain evidence as soon as possible.
5. Is it necessary to submit a usage statement when renewing?
Answer: No need! Renewal only requires a payment application form, but evidence of use still needs to be kept in case of potential revocation.
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