TRADEMARK LAW

CHAPTER I - MARKS


SECTION G - Ownership of the brands

ARTICLE l - can be registered as marks to distinguish products and services: one or more words with or without conceptual content; drawings; emblems, the monograms; engravings; printing; stamps; images; bands; combinations colors applied in a particular location of the goods or packaging; wrappers; packaging; combinations of letters and numbers, letters and numbers for its special drawing; phrases advertising; reliefs with distinctive features and any other sign with this capability..

ARTICLE 2 - are not considered trademarks and are not registrable:

A) the names, words and signs which are necessary or customary designation of the product or service to distinguish normal, or are descriptive of their nature, function, quality or other characteristics;

B) the names, words, signs and advertising phrases that have fallen into the general use before their application for registration;

C) how to give products;

D) the intrinsic or natural color of the product or a single color applied on them.

ARTICLE 3 - They may not be registered:

A) a mark identical to a registered or applied prior to distinguish the same products or services;

B) marks similar to others already registered or applied for distinguishing the same products or services;

C) designations of domestic or foreign origin.

Means appellation of origin the name of a country, region, a specific place or geographic area it serves to designate a product originating from them, and whose qualities and characteristics are due exclusively to the geographical environment. It is also considered designation of origin, which refers to a specific geographical area for the purposes of certain products;

D) marks which are likely to mislead as to its nature, properties, merit, quality, processing techniques, function, origin, price or other characteristics of the goods or services to distinguish;

E) the words, drawings and other signs contrary to morality and decency;

F) letters, words, names, badge, symbol, or should they use use the Nation, the provinces, municipalities, religious organizations and health;

G) letters, words, names or badges using foreign nations and international agencies recognized by the Argentine government;

H) name, nickname or portrait of a person, without his consent or that of his heirs until the fourth grade inclusive;

I) the descriptions of activities including names and social reasons, description of an activity, to distinguish products. However, acronyms, words and other signs with distinctive features, forming part thereof, may be searched to distinguish goods or services;

J) phrases advertising lacking originality.

ARTICLE 4 - The ownership of a mark and the exclusive use are obtained with a search. To become a trademark owner or exercise the right of opposition to registration or use, it requires a legitimate interest of the applicant or the opponent.

ARTICLE 5 - The term 'duration will be the trademark of Ten (10) years. It may be renewed indefinitely for equal periods if it was used within the five (5) years prior to each maturity, in the marketing of a product, in the provision of a service, or as part of the description of an activity.

ARTICLE 6 - The transfer of the trademark is valid with respect to third parties, once registered in the National Directorate of Industrial Property.

ARTICLE 7 - The transfer or sale of goodwill comprises of the mark, unless otherwise agreed.

ARTICLE 8 - The priority right to the ownership of a mark will be agreed by the day and time that the application is submitted, without prejudice to the provisions of international treaties adopted by the Argentine Republic.

ARTICLE 9 - A trademark can be registered jointly by Two (2) or more persons. Holders must act together to license, transfer and renew the mark; any of them may deduct opposition against the registration of a mark, initiating actions under this law in its defense and use, unless otherwise agreed.