A registered trademark is often a company's most valuable asset: it represents earned trust, built reputation, and market identity. A registered trademark gives legal exclusivity over its commercial use, allows it to be licensed, transferred and inherited, and is the only solid way to prevent a competitor from using it or taking advantage of its prestige.
We advise across the full lifecycle of intellectual property: registration of trademarks, patents, industrial models, designs, copyrights; oppositions to third-party trademarks; defense against oppositions; cessation of use actions; infringement and unfair competition claims.
Registration is carried out before INPI (trademark office) — the National Institute of Industrial Property. It grants exclusivity for 10 years, renewable indefinitely. Stages: prior art search, filing, formal examination, publication, opposition period, substantive examination, grant.
When a trademark application is published, third parties have a deadline to oppose if it affects their prior registered trademark, trade name or company name. Opposition proceedings are rigorous and have short deadlines.
When a third party opposes the applied-for mark, we defend with technical arguments: similarity analysis, covered goods/services, applicant's history, coexistence doctrine.
Protect new inventions with inventive step and industrial application. Duration: 20 years from filing. Process before INPI with extensive substantive examination.
Protect technical improvements to known products that provide a useful advantage. Duration: 10 years. Simplified procedure compared to a patent.
Protect the aesthetic appearance of a product (shape, ornamentation, configuration). Duration: 5 years, renewable up to 15. Process before INPI.
Protects literary, scientific, artistic works, software and databases. Protection arises upon creation, without need for registration, but registration at the National Copyright Office provides evidentiary security. Duration: author's life plus 70 years. We advise on registration, transfer, licensing and rights defense.
Court petition requiring the infringer to stop using the trademark or protected asset. Generally accompanied by injunctive measures (prohibition of use, seizure of products).
Claim for financial compensation for unlawful use. Quantification requires specific expert evidence (trademark valuation, lost profits, actual damages).
When a third party registers domains similar to the trademark to capture traffic or force a sale. We apply NIC.AR procedures and UDRP procedures for international domains.
Actions for slavish imitation, denigration, unlawful customer poaching, improper use of confidential information. CCyCN regime and Law 22.802 on Commercial Loyalty.