Frequent questions
Brands
Why is it important to register a trademark?
Brands are important because they are the name and/or logo that identifies and differentiates a product or service from those provided by the rest.
Brands allow us to obtain commercial identity with respect to the competition, diagram advertising strategies and identify business origin.
What are trademark classes?
The classes determine which products and services the brands will be intended for.
Classes 1 to 34 refer to products while classes 35 to 45 refer to services.
Is it advisable to do a background search before submitting an application?
Yes, it is convenient because the search allows you to determine the existence of other trademark registrations granted or pending that are similar and/or identical and that may be potential opponents to your application.
How is a trademark registered?
Through an online trademark registration application with the Argentine Trademark Office.
How long does the process of a trademark registration take until it is granted?
The approximate term is 18 to 24 months.
Can I use my trademark if it has not yet been granted and the process has only just begun?
Yes, you can use the brand even if it has not been granted. It is advisable to start using it when the third-party opposition period has expired.
What happens if my application is opposed?
When an application receives one or more oppositions, there is the possibility of managing the withdrawal(s) of the opposition(s) by contacting the opponents to try to reach an amicable agreement between the parties.
parts.
How often do I have to renew a brand?
Once granted, the trademarks have a validity of 10 years, and their renewal is possible indefinitely.
What is a mid-term Affidavit of Use?
Once the trademark has been granted and upon completing its fifth year from its granting,
You must submit a document in the form of a sworn declaration of use, stating the use of the trademark.
Patents
What is a patent of invention? Law 24.481
An invention consists of a novel technical solution applied to an existing problem, the proposed solution is specific and uses to reach this solution known elements that, combined in a special way, generate the existence of a new object, unknown until now in the technical field.
Some inventions do not start from something pre-existing, but are original and define from scratch a new technology that replaces the previous one, as was the case of the laser beam or digital versus analog technology.
An invention patent can be an object, a procedure, an apparatus to manufacture the object, a chemical compound, a microorganism, etc.; but in all cases, it must comply with the three patentability requirements: Novelty, inventive step and industrial application.
What is a utility model? Law 24.481
It can be a new disposition or form obtained or introduced in tools, work instruments, utensils, devices or known objects that imply a better use in the function for which they are intended. In
all cases, it must comply with only two of the patentability requirements: Novelty and industrial application.
What are industrial models and designs? DECREE-LAW NO. 6.673
Industrial models (three-dimensional aspects) and industrial designs (two-dimensional aspects) are new forms incorporated or applied to an industrial or handicraft product that give it aesthetic or decorative characteristics and, in order to be registered, they must be new, that is
to say, they must not have been published before and it must be verified that they are not copies or imitations.
What rights do these registrations grant?
Both the invention patent and the utility model grant the inventor industrial property rights to exercise exclusivity over his creation. This entitles him to prevent third parties, without authorization, from making, using, offering, selling or importing the patented product or
process.
Industrial models and designs grant their owner the right to prevent unauthorized reproduction or imitation by third parties. This includes the right to exclude them from manufacturing, offering, importing, exporting or selling any product in which the registered model or design is
incorporated or applied.
What is the term of protection granted by the different registrations?
Once the rights have been granted, patents are protected for twenty (20) years from the time of their application; utility models for ten (10) years also from the date of application, and in both cases only once, since once these terms have expired, both patents and utility models become
part of the public domain.
As for industrial models and designs, protection is for five (5) years from the date of filing and may be renewed for two consecutive periods of the same duration.
How long does the process take?
The application process for an invention patent lasts approximately five (5) years, depending on the technical area to which the creation refers. On the other hand, the application process for a utility model lasts two (2) years.
Once the application is filed, can it be commercialized?
Yes, but you run the risk of being sued if someone already has a pending application or even a patent granted for the same object of invention. This is because the National Patent Administration cannot verify at the time of filing that the invention in question is novel, but this opinion is made at the substantive examination stage.
Intellectual Property
COPYRIGHT – Law 11723
What is copyright?
Copyright is a set of legal rules and principles that affirm the moral and patrimonial rights that the law grants to authors, by the simple fact of the creation of a literary, artistic, musical, scientific or didactic work, whether published or unpublished.
What are the benefits of protecting your work?
Legal security
The work acquires certainty of its existence at a certain date, its title, author and content.
Proof of authorship
It is a presumption of authorship granted by the State, with a certain date of registration.
Element of comparison
The registration serves as an element of comparison in cases of plagiarism and piracy. In this case, the copy of the deposited work is sent to the Judiciary for its evaluation.
Protection
The author of the work is presumed to be the one who appears as such in the certificate granted by the DNDA, unless there is evidence to the contrary.
What is a work?
It is an original creation that can be literary, artistic or scientific, expressed by any medium or support, tangible or intangible, at present.
What types of works are there?
Unpublished works: these are works that have not yet been made known to the public and can be:
– Lyrics and music
– Lyrics or music
– Non-musical work
– Software
The registration of an unpublished work must be renewed every 3 years.
Published works: are works that have been made known to the public in any form, for example, the publication of a book, an exhibition of the work at a fair, an event, a colloquium, etc.
Published works may be:
– Artistic
– Literary edition
– Musical edition
– Recording record
– Multimedia recording
– Web page
– Representation
– Software
– Video or cinematographic film
REGISTRATION OF CONTRACTS BY THE DNDA: what are these contracts about?
They are those contracts that have as object different types of works which can be registered or not, and can be:
– Contracts on literary, artistic or architectural works.
– Contracts on musical works (music and/or lyrics).
– Contracts on software, multimedia work, web page or video game.
– Contracts on periodicals, phonograms, audiovisual, cinematographic, theatrical or
choreographic works.
Another area related to copyright is covered by periodicals, pseudonyms and publishing houses.
What are the registrations of periodical publications? allows to register and protect the authorship of all the works included in a periodical publication (magazines, journals,
newspapers, bulletins, internet publications) that are already in public circulation and is addressed to editors/owners of publications in paper or digital format and the registrations are
as follows:
– First registration of the periodical publication
– Renewal of the periodical publication
– Consultation of titles in use of periodical publications
– Declaration of periodical editions
PSEUDONYMS, PUBLISHERS AND AFFIDAVITS
– Registration of a pseudonym or fantasy name before the Dirección Nacional de Derecho de Autor (National Directorate of Copyright).
– Registration of a publishing house of books, magazines, videos, records, etc. before the National Directorate of Copyright (DNDA),
– Affidavits of published works: once the publishing house is registered with the National Copyright Directorate (DNDA), a monthly affidavit of the works published during that period must be submitted.