Region: Argentina

IDNs to be available in '.ar' domain extension from August

NIC Argentina, the registry responsible for the regulation of the '.ar' country-code top-level domain, has announced the launch of internationalized domain names in August this year. Among other things, this measure aims to reinforce the use of the Spanish language.

27 May 2008

Law on Collective Marks enacted by Congress

The Argentine Congress has enacted the new Law on Collective Marks. Under the new law, registration is available only to certain organizations which are registered with the Registry of Local Development and Social Economy Agents. Among other things, applications for the registration of a collective mark will cover all international classes and applicants will be exempted from paying the registration fees.

01 May 2008

Application without signature not invalid

In <i>Dallant SA v Instituto Nacional de la Propiedad Industrial</i>, the Federal Court of Appeals has upheld a first instance ruling which revoked a decision of the Patent and Trademark Office finding that a trademark application was invalid because the signature of the applicant's agent was missing. The court held that the office should have ordered the applicant to ratify the application.

13 February 2008

Liability of licensor discussed by appellate court

The Court of Appeals has held the licensor of a trademark liable for damage caused by a defective product manufactured by a former licensee. The court held that if damage to consumers arises from a defective product or as a result of the rendering of a service, the producer, manufacturer, importer, distributor, supplier or whoever has placed its trademark on the product or used it in conjunction with the service shall be held liable.

17 July 2007

Border alert system soon available

Following the implementation by the Tax Authority of Resolution 2216, Argentinean Customs has established a procedure to control the importation of counterfeit products into the country. This procedure includes a system of alerts managed by Customs on the basis of registrations by mark owners.

14 March 2007

FLOXAMICIN repetition mark deemed null and void

The Federal Court of Appeals has cancelled the mark FLOXAMICIN on the grounds that it had been registered for the sole purpose of defeating the use requirement provided under the Trademark Act. Laboratorios Bagó had applied to register its FLOXAMICIN mark in block letters weeks before the five-year grace period for use of its previously registered FLOXAMICIN mark in normal script was due to expire.

23 November 2006

Competitor may not use shape and colour of Viagra pill

The Federal Court of Appeals has ordered an Argentine drug manufacturer to cease the use of a rhomboid-shaped pill and the colour blue on a drug to treat erectile dysfunction. The court found that even though the defendant had started using the shape and colour for its pill before Pfizer filed an application in Argentina for the same combination for its VIAGRA product, the defendant must have known of Pfizer's prior right.

09 November 2006

TIMODELLA CLUB marks erroneously registered by franchisee

In <i>Tanning Center SRL v Lami SA</i>, the Federal Court of Appeals has ordered the assignment of Lami SA's national registrations for TIMODELLA CLUB to Italian company Tanning Center SRL. Although Lami was a franchisee of Tanning Center, the court noted that it had no right to register the marks in its own name.

26 July 2006

Use of MICHELIN mark blocked in part

In <i>Compagnie Générale des Établissements Michelin v Le Radial SRL</i>, the Federal Court of Appeals has upheld a decision to allow, in part, the plaintiff's complaint against the defendant's use of the MICHELIN mark. The court ordered the defendant to cease using the mark on its shop signage but dismissed the complaint in relation to the plaintiff's request to block use of the mark in advertising.

25 April 2006

Lack of fame and other ELITE marks put an end to dilution claim

In <i>American Cyanamid Company v Empresas CMPC SA</i>, the Federal Court of Appeals has reversed a first instance decision that upheld an opposition by the owner of the mark ELITE against an application to register an identical mark for different products. The appellate court did not find that the senior mark was well known and, therefore, it rejected the claim of dilution.

24 March 2006

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