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Argentina

“An enormous opportunity” – IP provisions of EU-Mercosur Agreement lauded

The European Union and the Mercosur bloc of countries have agreed a comprehensive trade agreement that includes significant IP provisions that rights holders should be aware of. 

“An enormous opportunity” – IP provisions of EU-Mercosur Agreement lauded

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29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

27 Jun 2019

New PTO resolution brings significant changes to Argentina’s trademark system

Resolution 123/2019 of the Argentinean Patent and Trademark Office, which clarifies some of the changes recently introduced by the amended Trademark Law and sets forth additional rules, has entered into force. Read more

9 May 2019

New commercial loyalty law

The Argentine Executive has passed a new law regulating commercial loyalty, which – in relation to trademarks – contains sections on unfair competition, comparative advertising, advertising and promotion, denominations of origin and product identification. Read more

1 May 2019

How an emergency decree transformed the trademark landscape in Argentina

One year after a significant shift in the Argentine trademark landscape, it is time to reflect on how practitioners have adapted and what international rights holders need to know now. Read more

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Brand management

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1 Mar 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America. Read more

25 Nov 2016

Bankruptcy is not force majeure to justify non-use

The Argentine Court of Appeals has rejected a defendant's argument that a trademark's proof of use was impossible because the prior owner was in a bankruptcy proceeding which constituted a force majeure event. The court stated that bankruptcy did not constitute “an unforeseeable and unavoidable event” because if it did, insolvent parties could avoid debts by arguing force majeure. Read more

Enforcement and litigation

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29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

9 Apr 2018

Can title of creative work benefit from trademark protection?

In Roemmers v Diamond Films, Argentina's Court of Appeals has upheld the refusal to grant a preliminary injunction against the use of “Una razón para vivir” as a film title. Read more

17 Mar 2018

Argentina’s emergency trademark law amendments and reassuring filing figures; exclusive data analysis

World Trademark Review examines the IP profile of Argentina, exploring the potential impact of the new emergency decree on trademark law, while providing a thorough breakdown on filings at the Argentine register. Read more

7 Feb 2018

Significant changes to trademark law and practice introduced

The government has issued a new executive order, effective as of January 12 2018, which contains amendments to the regulations on industrial property rights. Read more

Portfolio management

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1 Mar 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America. Read more

19 Sep 2017

Argentina trademark fees set to increase upwards of 50% as government attempts to curb inflation

Brand owners wishing to protect their trademark rights in Argentina should prepare for increased costs, as the country’s IP office recently implemented a two-stage set of fee rises.  Read more

19 Apr 2017

Local company should have known of existence of identical foreign mark when filing application

In Germaiz SA v Bonomelli SRL and Bonomelli SRL v Germaiz SA, both parties had filed an application for the mark CUORE for goods in Class 29, and both had opposed each other’s application. The Court of Appeals found that Germaiz had acted in bad faith, as it was engaged in the same field of activity as Bonomelli and could not have ignored the existence of an identical foreign mark. Read more

25 Nov 2016

Bankruptcy is not force majeure to justify non-use

The Argentine Court of Appeals has rejected a defendant's argument that a trademark's proof of use was impossible because the prior owner was in a bankruptcy proceeding which constituted a force majeure event. The court stated that bankruptcy did not constitute “an unforeseeable and unavoidable event” because if it did, insolvent parties could avoid debts by arguing force majeure. Read more

Trademark law

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30 Apr 2019

New implementing regulations introduce important changes to trademark law and practice

Decree 242/2019, which was passed by the Argentine Executive on 3 April 2019, regulates a large number of provisions of the Trademark Law, as amended in 2018. Importantly, the decree regulates the requirement to file a declaration of use within five years of the date of registration. Read more

26 Jul 2018

New INPI resolution on administrative opposition procedure - what you need to know

Following the introduction of major changes to Argentina’s trademark legislation in January, the National Institute of Industrial Property has now issued Resolution P-183, which regulates the administrative opposition procedure. Read more

9 Apr 2018

Can title of creative work benefit from trademark protection?

In Roemmers v Diamond Films, Argentina's Court of Appeals has upheld the refusal to grant a preliminary injunction against the use of “Una razón para vivir” as a film title. Read more

21 Mar 2018

Enforcing franchise agreements in Argentina: an overview

As part of our Asia and South America series, we provide an overview of the rules that govern the enforcement and termination of franchise agreements in Argentina. Read more

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New PTO resolution brings significant changes to Argentina’s trademark system

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Non-traditional marks in Latin America: the current landscape

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How an emergency decree transformed the trademark landscape in Argentina

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Ciprian Dragomir
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Bucharest, Romania
Ţuca Zbârcea & Asociaţii
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