registro de marcas, proteccion de marcas registradas

KINDS OF TRADEMARKS: TRADEMARKS AND SERVICE MARKS:

CLASSIIFICATION: International. An individual application must be filed for each class.

DURATION: Ten years as of the date of issuance, renewable indefinitely if the renewal is requested before expiry date, and if the trademark or service mark has been continuously used for five consecutive years before such expiry date.

NOVELTY: The marks applied for must not pose any problem whatsoever in relation to previous registrations or pending applications.

APPLICANT: Any individual or institution, commercial or not, entitled to do so.

NECESSARY DOCUMENTS FOR THE APPLICATION

1. Power of attorney like in previous cases.
2. List of products and services.
3. 10 facsimiles, unless the trademark consists of only one word in block letters.
4. If colors are requested, ten color labels.

PUBLICATION: New applications are published in the “Trademark Official Gazette” for a thirty-day period in case there is an opposition made by a third party.

EXAMINATION: Applications are examined as to the eligibility for registration of the relevant trademark and as to already existing trademarks belonging to the same category.

OPOSITION: Must be based on the direct or indirect confusion between the Trademark applied for registration and an already existing trademark or an already existing Commercial Style or any other good reason (habitual use, description, etc.). If neither party has waived the legal procedures and if they do not come to an agreement within the year as of the notification of the opposition, the applicant must file an exception requesting the Federal Court that the opposition be declared groundless. If the one-year term has expired without withdrawing the opposition or filing the exception, the application expires automatically. Extensions are not granted.

TAXES AND PUBLICATION FEES: They must be paid together with the application.