Best Trademark Lawyers in Córdoba

About Trademark Law in Córdoba, Argentina

Trademarks in Argentina are protected under national legislation and administered by the Instituto Nacional de la Propiedad Industrial - INPI. While Córdoba is a major province and commercial center, trademark filings, oppositions, registrations, and most formal procedures are handled at the national level by INPI. Local courts and local legal practitioners in Córdoba play a central role when you need enforcement, litigate unfair competition cases, or handle urgent relief such as injunctions against infringers operating in the province.

A trademark can be a word, logo, slogan, combination of elements, or non-traditional sign such as a shape or sound when it meets distinctiveness criteria. Protection is granted for specific goods and services organized by the Nice Classification. Once registered, a trademark gives the owner the exclusive right to use the sign for the registered goods or services in Argentina and to stop third parties from using confusingly similar signs.

Why You May Need a Lawyer

Trademark matters involve technical rules, procedural deadlines, and strategic choices. You may need a lawyer in Córdoba for:

- Preparing and filing trademark applications that maximize protection and minimize refusal risk.

- Conducting thorough clearance searches to reduce the chance of opposition or infringement claims.

- Responding to office actions, oppositions, or third-party opposals before INPI.

- Drafting and negotiating licensing, assignment, coexistence, or settlement agreements.

- Enforcing rights against infringers through cease-and-desist letters, customs actions, seizures, or court litigation in Córdoba or other jurisdictions in Argentina.

- Advising on use requirements, non-use cancellation risks, and renewal timing.

- Managing international filings and coordinating Madrid or other foreign protections through local counsel.

Local Laws Overview

Key aspects of Argentine trademark law that are particularly relevant to someone in Córdoba include:

- National framework - Trademarks are governed by national law, primarily Ley de Marcas and related INPI regulations. Registrations and oppositions are processed by INPI at the national level.

- Distinctiveness and absolute grounds - Signs that are generic, descriptive, misleading, or contrary to public order will be refused. Distinctiveness is essential.

- Relative grounds - Third parties with prior rights can oppose or request the rejection or cancellation of applications and registrations based on confusing similarity.

- Use requirement - Registered marks can be challenged for non-use after a period of uninterrupted non-use. Keeping evidence of local use in Argentina is important.

- Classification - Goods and services follow the Nice Classification. The choice of classes affects the scope and cost of protection.

- Enforcement - Remedies include injunctions, damages, seizure and destruction of infringing goods, and criminal actions for counterfeiting. Enforcement often requires coordination between counsel, local courts in Córdoba, and national authorities as appropriate.

- Foreign applicants - Foreign individuals or companies commonly need a local representative or power of attorney to act before INPI.

Frequently Asked Questions

How do I register a trademark in Argentina from Córdoba?

Start with a clearance search. Prepare a trademark application specifying the sign and the classes of goods or services under the Nice Classification. File the application with INPI. The application will undergo formal examination, publication for oppositions, and substantive examination. If no oppositions or refusals remain, the mark is registered. Local counsel in Córdoba can prepare and file documents and handle any proceedings.

How long does the registration process usually take?

Timing varies. If the application is straightforward and no oppositions arise, registration can take around 12 to 24 months. Oppositions, office actions, or appeals can extend the process significantly. Local lawyers can give a case estimate based on current INPI workload and the complexity of the sign.

How long does trademark protection last and how do I renew it?

Trademark registration in Argentina is typically valid for 10 years from the registration date. Registrations can be renewed for successive 10-year periods by filing a renewal request and paying the renewal fees before the expiry date or within any allowed grace period with additional fees.

Do I need to use my trademark to keep it?

Yes. Argentina allows cancellation actions for non-use. If a registered trademark is not genuinely used in Argentina for a continuous period specified by law, third parties can request cancellation. Keeping sales records, invoices, marketing materials, and other proofs of use in Córdoba and nationwide will help maintain rights.

What should I do if someone in Córdoba is using my mark without permission?

Document the infringement carefully - collect photos, invoices, advertising, and witness statements. Contact a local trademark lawyer to send a cease-and-desist letter and evaluate urgent measures such as seizure or injunctions in local courts. If the case involves counterfeit goods, criminal reporting and customs intervention may be options.

Can I register a logo and a word together or separately?

You can file a combined application for a logo and the word, or file separate applications for the word mark and the device mark depending on strategic needs. Separate filings can give broader protection but increase cost. A lawyer can advise the best structure for protecting your brand in Argentina.

Can a foreign company file a trademark in Argentina?

Yes. Foreign companies can apply for trademarks in Argentina, but they generally need a local representative or power of attorney to act before INPI. Using experienced local counsel ensures compliance with procedural requirements and timely prosecution of the application.

What is the opposition procedure?

After INPI publishes an application, third parties have a period to file oppositions claiming prior rights or likelihood of confusion. Oppositions are handled administratively at INPI with evidence and arguments from both sides. Outcomes can be appealed to courts. An attorney can prepare the response and represent you during the process.

Is it possible to get provisional or emergency relief in Córdoba against infringers?

Yes. Local courts can grant provisional measures such as injunctions and seizures to prevent ongoing infringement. These measures often require affidavits and evidence showing the trademark right and the infringement. A locally based lawyer can apply for and enforce these remedies in Córdoba courts.

Should I register my trademark internationally and how?

If you plan to expand beyond Argentina, consider international protection. Options include direct national filings in target countries or using the Madrid System for international registration. Coordination through a trademark lawyer in Córdoba will help you evaluate costs, timelines, and procedural requirements for entering foreign markets.

Additional Resources

Useful bodies and resources to consult when dealing with trademark issues in Córdoba and Argentina include:

- Instituto Nacional de la Propiedad Industrial - INPI for filings, procedures, and official registers.

- World Intellectual Property Organization - WIPO for information on international systems and treaties.

- Dirección General de Aduanas for customs enforcement and border measures against counterfeit goods.

- Colegio de Abogados de la Provincia de Córdoba for lists of local lawyers and professional standards.

- Cámara de Comercio de Córdoba for business-focused guidance and local networking.

- Local intellectual property and commercial law firms experienced with INPI practice, oppositions, and litigation.

Next Steps

If you need legal assistance with a trademark in Córdoba, consider this practical sequence:

- Conduct an initial clearance search and basic risk assessment to see if the trademark is free and registrable.

- Contact a local trademark attorney in Córdoba with INPI experience for a consultation. Ask about their experience with prosecution, oppositions, enforcement, and estimated fees.

- Prepare and sign a power of attorney if you are a foreign applicant so your counsel can act before INPI.

- File the application with a strategy for classes, wording, and potential future expansion. Keep thorough records of use to avoid non-use challenges.

- If you face infringement, gather evidence immediately and instruct counsel to send a cease-and-desist letter and evaluate injunctive or criminal remedies if appropriate.

- Keep track of renewal dates and maintain documentation of commercial use in Argentina to protect your rights long term.

Working with experienced local counsel in Córdoba will make the process smoother and improve the chances of securing and enforcing your trademark rights effectively.