How to Know if My Trademark Is Registered: Steps, Value and MORE

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In Argentina and other countries in the world, a trademark is considered a sign with distinctive capacity that allows differentiating those products or services that are owned by a person or company from others. Registering it gives you the property title and exclusive right over it. Which leads many to wonder: How do I know if my trademark is registered?

In this article, we will talk about the consultation of a trademark, what is a trademark, requirements to register and much more. Do not miss it!

How to know if my trademark is registered?

To begin with, we must emphasize that in order to register a trademark, the following must be complied with:

  • Be of legal age (as stipulated in the Civil Code and Law 26,579).
  • Declare an electronic legal address.
  • Own CUIL or CUIT.
  • Tax Code level 2. The minimum level required by AFIP is required to allow procedures. Any person with a tax code can process a trademark remotely. To do this, you must link the INPI service in your AFIP account. Here the instructions to know how to do it.
  • When it comes to attorneys-in-fact: copy of the power of attorney signed by the attorney-in-fact declaring under oath that it is faithful to its original and implements a current mandate.
  • Legal persons must submit a sworn statement on the powers of the signer, detailing the corporate instruments (Minutes of the Assembly, Board of Directors), with registration data and expression that they have powers to carry out this act.

As a first step, you have to find out if the brand is available.

The information to see availability of the brand you will find in the search engine as Advanced Query. You will only need to complete the mark in Denomination and choose the corresponding class. Then click on Only valid and then in Look for.

It is convenient, in addition to looking for the specific brand, to also do it in similar or phonetically similar options to be sure of not having future problems.

How to know if my trademark is registered: steps to do it

To continue with the step by step we have to submit the request, for this, there are two ways. One of them is:

Online

  1. Login to INPI procedures portal with your tax code.
  2. Start the new trademark application.
  3. Indicate what is the type of brand: Denominative → When the trademark only consists of text, the trademark name; Figurative When the brand is an image without text; Mixed When the brand is an image with a design that includes words, letters, numbers or a combination of several or all of them; Three-dimensional When the brand is the shape of an object externalized through different views; Sonora When the brand is a distinctive sound for a product or service; Olfactory When the sign is olfactory to distinguish a product; Sequential When the mark is made up of a sequence of movement (animated).

The Office will automatically correct the type of trademark, in the cases that are badly cataloged.

Image conditions and payments depending on the case:

  1. If the trademark is figurative or mixed, attach the image in JPG format between 200 and 300 DPI, whose size does not exceed 2 MB.
  2. If applicable, inform the colors of the image: when claiming a color combination, the contents of the image must be mentioned or, in any case, presented in black and white.
  3. Report the height and width of the image expressed in centimeters.
  4. Take into account that later, according to the measurements of the logo -width and height- that you entered, you must frame it in a box that will be enabled for this purpose.
  5. Indicate the class to which the brand belongs. It is represented by a number from 1 to 45. If you do not know this information, you can see the available classes through the button located to the right of the field, which will open a new screen reflecting the international class indexes.
  6. Inform the ownership of the brand. For example: how many headlines we will have, what percentage will correspond to each one, etc. In the case of loading two or more headlines, the total of the percentages must be 100% and you will have to complete the information on the form for each of them. If applicable, incorporate brand priorities. This would be in the case of having previously applied for the trademark in another country.
  7. If desired, a third party can be authorized to process the file on your behalf.
  8. Being able to make observations such as renouncing generic or commonly used terms, clarifying the pronunciation of a brand or how it is read, as well as the denomination in cases of rare and confusing fonts, making sworn statements.
  9. Finish the operation.
  10. Click on Sign Procedureand. Wait a few minutes. Remember that you can only sign the CUIT of the Holder or the Representative charged in the Application.
  11. Generate a Electronic Payment Flyer (VEP) to pay from your own bank account or a payment slip to do it personally at a branch of authorized banks or premises authorized for collection.

How can I keep up with the procedure?

  1. Find out about the status of the procedure through the INPI procedures portal with your file number;
  2. Within thirty (30) days of the presentation, the formal study is carried out. If there are observations, correct them with the payment of the fee for formal hearings at the General Ticket Table.
  3. After seventy (70) days the application is published in the Trademark Bulletin so that third parties can deduce opposition.
  4. You must wait five hundred (500) more days to see the result of the FUND STUDY.

If you submit the request classifying with TMClass, without invoking priority and without being presented by a Business Manager, it will go through the Simplified Form Analysis. If you do not receive an opposition, and it is original and different from the registered trademarks and does not have transfers, you can go through the Simplified Study of the Fund, notably shortening the processing times.

Obtaining the trademark registration

When you register your brand, the system will send you an alphanumeric code by email so that you can download the Digital Property Title, that you will be able to print.

Notifications are, in all cases, for electronic newsletter which is published on Wednesdays.

E-mail notifications of certain important events (bulletin posting, hearing, and concession) are also sent.

How to know if my trademark is registered: registry value

This document has a cost of $ 2210.00

Consult the INPI website for the current tariffs as of October 1, 2019.

How to know if my Trademark is Registered: Duration of the Procedure

The procedure lasts for 24 months for applications that do not go through Simplified Study and 12 months those that do go through Simplified. If you receive Oppositions, the process can take much longer.

When is a brand published and why is it done?

When?

The when is not regulatory. As long as it is necessary to register a trademark and the requirements for it are met, this procedure can be carried out.

Why?

Having your trademark formally registered with the INPI allows you to legally carry out any activity necessary to to avoid that third parties market identical products or services with the same brand.

Situations like these dilute the message you are trying to send to customers and can be confusing for the public. Having the right to protect your brand allows you to keep your story clear and mitigate the risk to your company’s credibility.

The registry also protects against ipartial limitations; either of names, words, signs or advertising phrases, as well as drawings and colors.

The owner of a trademark can authorize its use by third parties through License Agreements, both exclusive and non-exclusive. You can also sell your brand or elements of it, and you can offer brand or design elements as collateral with promises of registration.

Generate customer loyalty and a strong message about your products or services and the history of your company with a design and associated slogan protected under the trademark by Argentine law.

Who can register a trademark?

Any natural or legal person, to their attorneys or registered industrial property agents.

The proxies must understand that the data in the Trademark application have the character of an affidavit. The INPI It has the power to require, to consider it, proof of power. It is not necessary to accompany it, but to be responsible for the declared data.

If they are presented as managers, the owner or a proxy must ratify their management within a period of 40 working days from the presentation.

What is a Trademark?

In Argentina, the brand is a sign with a distinctive ability that differentiates a group of products or services of an individual or company from others.

Registering a trademark with local authorities formally grants a company the title deed and exclusive right to it. The National Institute of Intellectual Property (INPI) It is the local authority responsible for managing trademark and registration applications.

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