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Eguia & Asociados l Marcas y Patentes

INFO - FAQs

Why is it convenient to register my brand?
The Trademark and Designations Act No. 22,362 is the only legal instrument that provides actual ownership guarantees over the names you use and want to protect against appropriation by third parties. A trademark supports:

  • Engaging in safe geographical growth.
  • Preventing and avoiding fake copies.
  • Having the exclusive ownership of a name in the country for certain products or services.

Failing to register the brand means:

  • Giving an advantage in the market, which may be used by third parties.
  • Reducing the actual bargaining power of a name.
  • Running risks that may be prevented and which may prompt higher costs.

2. Are there categories of items for trademark registration?
The first step to be taken when there is intent to register a brand is to identify the category of items it belongs to so as to then select one or several classes. The Trademark Registration Nomenclature organizes categories into 45 classes distributed among products (from 1 to 34) and services (from 35 to 45).

  • Class 1
    It mainly comprises chemicals intended for use in the industry, science and agriculture, including those parts of the formulation of products belonging to other classes.
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    Detail: Chemicals used in industry, science, photography, agriculture, horticulture and forestry, unprocessed artificial resins, unprocessed plastics, manures, fire extinguishing compositions, baths and chemical preparations for soldering, chemicals for preserving foods, tanning chemicals, adhesives (glues) used in industry. This class mainly comprises: compost, mulch (fertilizer), preserving salt, except for food preserving salt. It specifically does not include: unprocessed natural resins (cl. 2), chemicals for use in medical science (cl. 5), fungicides, herbicides and preparations to destroy vermin (cl. 5), adhesives (glues) for stationery or home use (cl. 16), salt to preserve foods (cl. 30), mulch (humus layer) (cl. 31).

  • Class 2
    It mainly comprises paints, colorants and anti-corrosion products.
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    Detail: Paints, varnishes, lacquers, anti-corrosion products and wood preservatives, dyes, mordants, raw natural resins, metals in foil and powder form for painters, decorators, printers and artists. This class mainly comprises: paints, varnishes and lacquers for industry, craftsmanship and art, colorants for dyeing garments, colorants for foodstuffs and drinks. It does not include unprocessed artificial resins (cl. 1), colorants for laundry and bleaching (cl. 3), cosmetic dyes (cl. 3), mordants for seeds (cl. 5), paint cans (school material) (cl. 16), insulating paints and varnishes (cl. 17).

  • Class 3
    Comprende esencialmente las pinturas, colorantes y productos de protección contra la corrosión.
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    Detail:Bleaching preparations and other substances for laundry use, preparations for cleaning, polishing, degreasing and scouring, soaps, perfume-making, essential oils, cosmetics, hair lotions, toothpastes. This class mainly comprises personal deodorants (personal care), personal care products intended for hygiene. It does not include chemicals for chimney cleaning (cl. 1), degreasers used in manufacturing processes (cl. 1), deodorants other than for personal use (cl. 5), grindstones or sharpening stones (cl. 8).

  • Class 4
    It mainly comprises industrial oils and greases, fuels and lighting items.
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    Detail:Industrial oils and greases, lube oils, products to absorb, spray and concentrate powder, fuels (including gasoline for engines) and lighting items, candles, wicks. It does not include special industrial oils and greases (refer to the alphabetical list of goods).

  • Class 5
    It comprises pharmaceutical and medical products.
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    Detail: Pharmaceutical, veterinary and sanitary products; dietetic products for children and the sick, plasters, material for dressings, material for stopping teeth, dental wax; disinfectants, preparations for destroying vermin, fungicides, herbicides. This class mainly comprises personal hygiene products other than personal care products, deodorants other than personal deodorants, non-tobacco cigarettes for medical use. It does not include hygiene products that are personal care products (cl. 3), personal use deodorants (personal care) (cl. 3), orthopedic bandages (cl. 10).

  • Class 6
    It mainly comprises common unprocessed and semi-processed metals, as well as simples products manufactured from those.
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    Detail: Common metals and their alloys, metal building materials, materials of metal for railway tracks, materials of metal for railway tracks, non-electric cables and wires of common metal, metallic locks and hardware, metal tubes, safes, goods of common metal not included in other classes; ores. It does not include bauxite (cl. 1), mercury, antimony, alkaline metals and alkaline-earthy metals (cl. 1), metals in foil and powder form for painters, decorators, printers and artists (cl. 2).

  • Class 7
    It mainly comprises machines, machine-tools and motors and engines.
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    Detail: Machines and machine tools, motors and engines (except for land vehicles), machine coupling and transmission components (except for land vehicles), agricultural implements other than hand-operated, incubators for eggs. This class mainly comprises: motor and engine parts (of all kinds), electric machines and equipment for cleaning. It does not include certain special machines and machine-tools (refer to the alphabetical list of goods), manual tools and instruments (cl. 8), motors and engines for land vehicles (cl. 12).

  • Class 8
    It mainly comprises manual hand tools and instruments part of the set of tools of a range of professions.
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    Detail:Manual hand tools and instruments, cutlery, forks and spoons, side arms, razors. This class mainly comprises: cutlery, forks and spoons of precious metals, razors, hair clippers (hand instruments) and nail clippers; electrical items. It does not include some special items (refer to the alphabetical list of goods), power tools and instruments (cl. 7), surgical blades (cl. 10), paper knives (cl. 16), fencing weapons (cl. 28).

  • Class 9
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    Scientific, nautical, surveying, electrical, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments to drive, switch, transform, accumulate, regulate or control electric power, apparatus for recording, transmitting, reproduction of sound or images, magnetic recordings media, acoustic disks, automatic vending and mechanisms for pre-payment devices, cash registers, calculating machines, data processing equipment and computers, fire-extinguishers.

    This class includes mainly the following: scientific apparatus and instruments for laboratories, apparatus and instruments used in ship navigation, such as measuring apparatus and instruments and those to transmit commands, the following electrical apparatus and instruments: some electrothermal tools and apparatus, such as electric soldering irons and electric flat irons which, if not electrical, would belong to Class 8; apparatus and devices which, if not electrical, would belong to other classes, such as: electrically heated clothing, car lighters, alarms, perfoverification office machines, apparatus for entertainment conceived to be used exclusively with a TV set, all computer programs and software whatever their media and dissemination means, such as software recorded on magnetic media or downloaded from a remote computer network. It does not include electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, blenders, coffee grinders, etc.) and other power apparatus and instruments, all under Class 7, razors, hair clippers (hand instruments) (cl. 8), electric toothbrushes and electric combs (cl. 21), electrical devices to heat rooms or liquids, to cook, for ventilation, etc. (cl. 11), watches, clocks and other chronometric instruments (cl. 14), control clocks (cl. 14).

  • Class 10
    Medical apparatus, instruments and supplies.
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    Detail:Surgical, medical, dental and veterinary instruments and apparatus, artificial limbs, eyes and teeth, orthopedic items, suture material. This class mainly comprises: special medical furniture items, certain rubber hygiene articles (refer to the alphabetical list of goods), orthopedic bandages.

  • Class 11
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    Detail: Apparatus for lighting, heating, steam generating, cooking, refrigeration, drying, ventilation, water supply and sanitation facilities. This class includes mainly the following: Apparatus for air conditioning, bed heaters, hot water bags, electrical or non electrical heaters, electrically heated cushions and blankets, without medical use, electric kettles, electrical kitchen utensils. It does not include steam generating apparatus (parts of machines) (cl. 7), electrically heated clothing (cl. 9).

  • Class 12
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    Detail: Vehicles, apparatus for locomotion by land, air or water. This class mainly comprises: motors and engines for land vehicles, couplings and transmission components for land vehicles, hovercrafts. It does not include certain parts of vehicles (refer to the alphabetical list of goods), materials of metal for railway tracks (cl. 6), motors, engines, couplings and transmission components other than for land vehicles (cl. 7), parts of motors, engines and machines (of all kinds) (cl. 7).

  • Class 13
    It mainly comprises firearms and pyrotechnical products.
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    Detail: Firearms, ammunition and projectiles, explosives, fireworks. It does not include matches (cl. 34).

  • Class 14
    It mainly comprises precious metals, goods in precious metals; and jewelry and clocks and watches in general.
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    Detail: Precious metals and their alloys and goods in these materials or plated not part of other classes, jewelry, bijou, precious stones, clocks and watches and chronometric instruments. It mainly comprises: jewelry (imitations and precious metals and stones jewelry), cufflinks and tie bars. It does not include certain precious metal items (classified as per their function or destination), for instance, metals in foil and powder form for painters, decorators, printers and artists (cl. 2), gold dental amalgam (cl. 5), cutlery, forks and spoons (cl. 8), electrical contacts (cl. 9), gold ink pens (cl. 16), objects of art other than made of precious metals (classified as per the matter they are made of).

  • Class 15
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    Detail: Musical Instruments. This class mainly comprises: mechanical pianos and their accessories, jukeboxes, electric and electronic musical instruments. It does not include apparatus for registration, transmission and amplification and reproduction of sound (cl. 9).

  • Class 16
    It mainly comprises paper, paper products and stationery.
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    Detail: Paper, cardboard and items made of those materials, not included in other classes, printing products, bookbinding material, photographs, stationery, adhesives (glue) for stationery or household purposes, material for artists, paintbrushes, typewriters and office utilities (other than furniture), teaching or instruction material (other than apparatus), packaging plastic material (not included in other classes), playing cards, printers´ types, printing blocks. This class mainly comprises: paper cutters, duplicating machines, plastic material sheets or bags for packaging. It does not include certain paper or cardboard products (refer to the alphabetical list of goods), colors (cl. 2), hand tools for artists (e.g.: spatulas, sculptors’ chisels) (cl. 8).

  • Class 17
    It mainly comprises electrical, thermal or acoustic insulating materials and semi-processed plastic material, in the form of sheets, plates or bars.
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    Detail: Rubber, gutta-percha, asbestos, mica and products made of these materials not included in other classes, products of semi-processed plastic material, packing, stopping and insulating material, non-metal flexible tubes. This class mainly comprises: rubber for tire retreading, rubber or plastic filling, floating anti-pollution barriers.

  • Class 18
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    Detail: Leather and imitations of leather, items made of these materials not included in other classes, skins and hides, trunk and traveling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery. It mainly comprises leather, its imitations, traveling items not included in other classes and saddlery. It does not include garments, shoes, hats (refer to the alphabetical list of goods).

  • Class 19
    It mainly comprises non metallic building materials.
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    Detail: Non metallic building materials, non metallic rigid pipes for building, asphalt, pitch and bitumen, non metallic transportable building, non metallic monuments. This class mainly comprises: semi-processed woods (e.g.: beams, planks, panels), veneers, building glass (e.g.: slabs, glass tiles), glass granulates for road signaling, masonry mailboxes. It does not include products for concrete preservation or impermeabilization (cl. 1) or fire proofing (cl. 1).

  • Class 20
    It mainly comprises furniture and their parts and plastic material products not included in other classes.
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    Detail: Furniture, mirrors, picture frames, items not included in other classes of wood, cork, cane, reed, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, substitutes for all these materials or plastics. This class mainly comprises: metallic furniture and camping furniture, bedding items (e.g.: mattresses, box springs, pillows), mirrors and furniture mirrors or toilet mirrors, non-metal license plates, mailboxes other than metal or masonry. It does not include certain special mirrors classified as per their function or destination (refer to the alphabetical list of goods), special laboratory furniture (cl. 9), special medical furniture (cl. 10), bed clothes (cl. 24), quilts (feather quilts) (cl. 24).

  • Class 21
    It includes mainly small manually-operated household and kitchen utensils and containers, as well as toilet articles, glassware and porcelain.
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    Detail: Household and kitchen utensils and containers (other than those made of precious metals or coated therewith), combs and sponges, brushes (except for paintbrushes), brush-making materials, articles for cleaning purposes, steel wool, unworked or semi-worked glass (except for building glass) glassware, porcelain and earthenware not included in other classes. This class mainly comprises: household and kitchen utensils and containers, such as: sets of kitchen pots and pans, buckets, pans made of metal, aluminum, plastic or other type of material, small manually-operated devices used for chopping, grinding, squeezing, etc., snuffers other than those made of precious metals, electric combs, electric toothbrushes, underplates and coasters (crockery). It does not include certain products made of crystal, porcelain and ceramic (refer to the alphabetical list of goods), cleaning products, soaps, etc. (cl.3), small electric appliances used for cutting, grinding, squeezing, etc. (cl.7), razor blades or electric razors, hair clippers, metal instruments for manicure and pedicure (cl.8), electrical cooking utensils (cl.11), toilet mirrors (cl.20).

  • Class 22
    It includes mainly rope and sail products, stuffing material and raw fibrous textile material.
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    Detail: Ropes, twines, nets, tents, awnings, sails, sacks and bags (not included in other classes), stuffing material (except for rubber or plastic), raw fibrous textile material. This class mainly comprises: ropes and twines in natural or artificial textile fibers, paper or plastic. It does not include certain special nets and sacks (refer to the alphabetical list of goods), strings for musical instruments (cl.15).

  • Class 23
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    Detail: Yarns and threads for textile use.

  • Class 24
    It includes mainly fabrics and bed covers.
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    Detail: Fabrics and textile goods not included in other classes, bed and table covers. This class mainly comprises: paper bed sheets. It does not include certain special fabrics (refer to the alphabetical list of goods), electric blankets for medical purposes (cl.10) and not for medical purposes (cl.11), paper tablecloths (cl.16), horse blankets (cl.18).

  • Class 25
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    Detail: Clothing, footwear, headgear. This class does not include the following: certain special clothing and footwear (refer to the alphabetical list of goods).

  • Class 26
    It includes mainly dressmakers’ articles.
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    Detail: Lace and embroidery, ribbons and braid, buttons, snap fasteners, hooks and eyes, pins and needles, artificial flowers. This class mainly comprises: zip fasteners. It does not include certain special snap fasteners (refer to the alphabetical list of goods), certain special needles (refer to the alphabetical list of goods), yarns and threads for textile use (cl.23).

  • Class 27
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    Detail: Carpets, rugs, mats and matting, linoleum and other material for covering floors, wall hangings (non-textile). It includes mainly products aimed at covering or lining existing floors or walls for conditioning purposes.

  • Class 28
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    Detail: Games, toys, gymnastic and sporting articles not included in other classes, decorations for Christmas trees. This class mainly comprises: fishing tackle, sports equipment and sundry games. It does not include Christmas tree candles (cl.4), diving equipment (cl.9), recreational apparatus designed to be used only through a TV set (cl.9), electric lamps (garlands) for Christmas trees (cl.11), fishing nets (cl.22), gym clothes and sportswear (cl.25), confectionery and chocolate decorations for Christmas trees (cl.30).

  • Class 29
    It includes mainly foodstuffs of animal origin as well as vegetables and other horticultural comestible products prepared for consumption or conservation purposes.
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    Detail: Meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and dairy products, edible oils and fats. This class mainly comprises: milk beverages or those in which milk predominates. It does not include plant-based foodstuffs (refer to the alphabetical list of goods), baby food (cl.5), dietetic substances intended for medical use (cl.5), salad dressings (cl.30), hatching eggs (cl.31), foodstuffs for animals (cl.31), live animals (cl.31).

  • Class 30
    It includes mainly plant-based foodstuffs prepared for consumption or conservation purposes, as well as additives to boost the taste of food.
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    Detail: Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes, flour and preparations made from cereals, bread, pastry and confectionery, ice-creams, honey, treacle, yeast, baking powder, salt, mustard, vinegar, sauces (condiments), spices, ice. This class mainly comprises: This class includes mainly the following: coffee-, cocoa- or chocolate-based beverages, cereals prepared for human consumption (e.g., oat flakes or flakes made from other cereals). It does not include certain plant-based foodstuffs (refer to the alphabetical list of goods), salt for preserving other than foodstuffs (cl.1), medicinal teas and dietetic substances intended for medical use (cl.5), baby food (cl.5), raw cereals (cl.31), foodstuffs for animals (cl.31).

  • Class 31
    It includes mainly agricultural products which have not been subject to any form of preparation for consumption, live animals and plants, as well as foodstuffs for animals
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    Detail: Grains and agricultural, horticultural and forestry products not included in other classes, live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals, malt. This class mainly comprises: raw woods, raw cereals, hatching eggs, live mollusks and crustaceans. It does not include cultures of microorganisms and leeches for medical purposes (cl.5), semi-worked woods (cl.19), artificial fishing bait (cl.28), rice (cl.30), tobacco (cl.34).

  • Class 32
    It includes mainly non-alcoholic beverages and beers.
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    Detail: Beers, mineral water, soda and other non-alcoholic beverages, fruit drinks and juices, syrups and other preparations for making beverages. This class mainly comprises: non-alcoholic beverages. It does not include beverages for medical purposes (cl.5), milk beverages or those in which milk predominates (cl.29), cocoa-, coffee- or chocolate-based beverages (cl.30).

  • Class 33
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    Detail: Alcoholic beverages (except for beers). This class does NOT include the following: medicinal beverages (cl.5), non-alcoholic beverages (cl.32).

  • Class 34
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    Detail: Tobacco, smokers´ articles, matches. This class mainly comprises: tobacco substitutes (other than those for medical purposes). It does not include cigarettes without tobacco for medical purposes (cl.5), certain articles made of precious metals for smokers (cl.14) (refer to the alphabetical list of goods).

  • Class 35
    It includes mainly services rendered by people or by organizations specially aimed at: providing assistance on the exploitation and management of any commercial undertaking, or providing assistance on business management or commercial functions within any industrial or commercial undertaking, as well as services rendered by advertising companies mainly addressed to public communications, statements or announcements in any media and in relation to any type of goods or services.
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    Detail: Advertising, business management, business administration, office work. This class mainly comprises: regrouping, on behalf of third parties, of different goods (excluding the transport thereof), enabling customers to conveniently examine and purchase those goods, services involving the registration, transcription, preparation, compilation or systematization of written communications and records as well as the processing or compilation of mathematical or statistical data, services rendered by advertising agencies, and services such as brochure distribution, either directly or by mail, or sample distribution. This class may refer to advertising in connection with other services, such as those related to bank loans or radio advertising. It does not include the activity carried out by any company addressed mainly to the sale of goods, i.e. a commercial enterprise, services such as engineers´ assessments and reports other than those directly related to the exploitation or management of the businesses of any commercial or industrial enterprise (refer to the alphabetical list of services), professional consultancy and implementation of plans not related to business management (cl.42).

  • Class 36
    It includes mainly services rendered in relation to financial and monetary affairs as well as with any kind of insurance agreement.
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    Detail: Insurance, financial affairs, monetary affairs, real estate affairs. This class includes mainly the following services related to financial or monetary affairs, namely: services rendered by any banking or bank-related institution, such as currency exchange offices or clearing services, services rendered by credit institutions other than banks, such as cooperative credit associations, individual financial companies, lenders, etc., services rendered by investment trusts and holding companies, services of brokers dealing in shares and property, services related to monetary affairs vouched for by trustees, services rendered in connection with the issue of travelers´ checks and letters of credit, services rendered by real estate administrators, i.e. rent or evaluation of real estate or investment partners, services dealing with insurance, such as those rendered by agents or brokers engaged in insurance, services rendered to the insured and insurance underwriting services.

  • Class 37
    It includes mainly services rendered by contractors or subcontractors in the construction of permanent buildings, as well as those rendered by persons or organizations engaged in the restoration of objects to their original condition or in the preservation of such without altering their physical or chemical properties.
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    Detail: Building construction, repairing, installation services. This class mainly comprises: services related to the construction of buildings, roads, bridges, damns or transmission lines and services rendered by companies within the construction sector, such as painters, plumbers, heating installers or roofers, ancillary construction-related services such as inspection of building projects, shipbuilding services, tool-hiring or building-material provision services, repair services, such as those aimed at restoring the good condition of any object after wear, damage, deterioration or partial destruction (restoration of any building or existing object that is deteriorated compared to its original condition), different repair services, such as those related to electricity, furniture, instruments and tools, etc., maintenance services aimed at preserving the object in its original condition, without altering any of its properties (for the difference between this class and class 40, see Class 40 explanatory note). It does not include services related to the storage of goods such as clothes or vehicles (cl. 39), services related to the dyeing of fabrics or clothes (cl. 40).

  • Class 38
    It includes mainly services that allow at least one person to communicate with another person via a sensory means.
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    Detail: Telecommunications. Such services include those which: allow one person to talk to another, transmit messages from one person to another, and place one person in oral or visual communication with another (radio and television). This class mainly comprises: services involving mainly the diffusion of radio or television programs. It does not include radio advertising services (cl. 35).

  • Class 39
    It includes mainly services rendered in transporting people or goods from one place to another (by rail, road, ship, plane or pipeline) and services necessarily connected with such transport, as well as services related to the storage of goods in a warehouse or another building for their preservation or guarding.
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    Detail: Transport, packaging and storage of goods, travel arrangement. This class mainly comprises: services rendered by companies exploiting stations, bridges, railroad ferries, etc. used by the carrier, services connected with the hiring of transport vehicles, services connected with marine towage, unloading, port and dock operation and salvage of wrecked ships and their cargos, services connected with the operation of airports, services connected with the packing and parceling of goods before dispatch, services rendered involving information about journeys or the transport of goods by brokers or travel agencies, information about fees, timetables and means of transport, services rendered involving the inspection of vehicles or goods before transport. It does not include services related to the advertising of carrier, such as brochure distribution or radio advertising (cl.35), services related to the issue of travelers´ checks or letters of credit by brokers or travel agencies (cl.36), services related to (business, fire or life) insurance during the transport of persons or goods (cl.36), services rendered in relation to vehicle maintenance and repair, but not the maintenance and repair of objects related to the transport of persons and goods (cl.37), services related to the booking of hotel rooms by travel agencies or brokers (cl.42).

  • Class 40
    It includes mainly services not listed in other classes and rendered by means of the mechanical or chemical treatment or transformation of objects or inorganic or organic substances. For classification purposes, trademarks are considered as service marks only in those cases in which the treatment or transformation is made on behalf of a third party. For similar classification purposes, the trademark is considered as a brand name in all the other cases in which the substance or object is marketed by the person who has treated or transformed it.
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    Detail: Treatment of materials. This class mainly comprises: services related to the transformation of an object or substance and any treatment involving a change in its essential properties (e.g., dyeing a garment), any maintenance service, although usually included in class 37, is included in class 40 if it entails such a change (e.g., chroming motor vehicle bumpers), services rendered in relation to the treatment of materials that may be present during the production of any substance or object, other than a building, e.g., services that involve cutting, shaping, polishing by abrasion or metal coating. It does not include repair services (cl. 37).

  • Class 41
    It includes mainly services rendered by persons or institutions in order to develop the mental faculties of persons or animals, as well as services intended to entertain or amuse people.
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    Detail: Education, training, entertainment, sporting and cultural activities. This class mainly comprises: services rendered in relation to the education of persons or training of animals, in all their forms, services having the basic aim of the entertainment, amusement or recreation of people.

  • Class 42
    It includes mainly services rendered by people, either individually or in group, in relation to the theoretical and practical aspects of complex fields of activities. Such services are rendered by professional people, e.g., chemists, physicists, engineers, computer experts, lawyers, etc.
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    Detail: Scientific and technological services and research and design services related thereto, industrial analysis and research services, design and development of computer hardware and software, legal services. This class mainly comprises: services rendered by engineers responsible for making evaluations, estimates, research and reports in the scientific and technological fields, scientific research services for medical purposes. It does not include business research and evaluations (cl. 35), word processing and computer file management services (cl. 33), financial and fiscal evaluations (cl. 36), mining and oil extraction services (cl. 37), computer (hardware) installation and repair services (cl. 37), services rendered by professionals, e.g., doctors, veterinary surgeons, psychoanalysts (cl. 44), medical treatment services (cl. 44), services rendered by landscape gardeners (cl. 44).

  • Class 43
    It includes mainly services rendered by persons or establishments addressed to the preparation of food and drinks for consumption as well as services provided to obtain accommodation, shelter and food in hotels, rooming houses or other establishments providing temporary accommodation.
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    Detail: Catering services (food and drink), temporary accommodation. This class mainly comprises: Travelers´ accommodation booking services rendered mainly by travel agencies or brokers, boarding for animals. It does not include real estate rental services involving houses, apartments, etc. for permanent use (cl. 36), travel arrangement services rendered by travel agencies (cl. 39), food and drink preservation services (cl. 40), services for discos (cl. 41), boarding schools (cl. 41), nursing and convalescent homes (cl. 44).

  • Class 44
    It includes mainly medical care, hygienic and beauty care given by persons or establishments to human beings or animals. It also includes agriculture, horticulture and forestry services.
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    Detail: Medical services, veterinary services, hygienic and beauty care for human beings or animals, agriculture, horticulture and forestry services. This class mainly comprises: check-up services related to the treatment of people (e.g., X-rays examinations and taking of blood samples), artificial insemination services, pharmacy advise, animal breeding, services related to the growing of plants, such as gardening, services related to floral design, such as floral composition, and services rendered by landscape gardeners. It does not include vermin extermination services (other than agriculture, horticulture and forestry services) (cl. 37), services related to the installation and repair of irrigation devices (cl. 37), ambulance transport services (cl. 39), slaughtering and taxidermy services (cl. 40), timber felling as sawing services (cl.40), animal training services (cl. 41), gym services (cl. 41), scientific research services for medical purposes (cl. 42), animal boarding, retirement homes (cl. 43).

  • Class 45
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    Detail: Personal and social services rendered by third parties to meet people´s needs, security services for the protection of property and individuals. This class mainly comprises: investigation and guarding services related to the safety of individuals and entities, services rendered to individuals in relation to social events, such as social escort services, marriage agencies, funeral services. It does not include professional services intended to provide direct aid to the operations and functions of an enterprise (cl. 35), services related to financial or monetary affairs and insurance services (cl. 36), escorting of travelers (cl. 39), armored courier services (cl. 39), people training services, in any of its forms (cl. 41), performances given by singers or dancers (cl. 41), legal services (cl. 42), services rendered by third parties to ensure medical, hygienic and beauty care for human beings or animals (cl. 44), certain rental services (refer to the alphabetical list of services and general remark (b) regarding the classification of services.



3. What are the steps to trademark registration?
The first step, upon identification of the class that corresponds to the trademark to be registered by the client, is the trademark availability search or trademark registration feasibility study.

In this stage, a search of the intended name is made in the areas to be protected, it is determined whether the names or figures to be registered have graphic, phonetic and ideological differences with the existing ones (already requested or registered), and it is defined whether they may go to the next step in the trademark registration process or not. The steps to trademark registration are the following: SUBMISSION, PUBLICATION, GRANTING and MONITORING or CUSTODY.

The trademark applications are drafted, including the names to be registered and the full data of the requesting holders before the Instituto Nacional de Propiedad Industrial (INPI), the Intellectual Property controlling authority in Argentina.

Such application will be published in the Trademark Gazette about 90 days after being submitted. Within the following 30 days, any interested third party may file an opposition and, should no opposition be filed, the formalities are analyzed by the Instituto Nacional de la Propiedad Industrial (INPI) within the following six months or so. Should the formal material requirements be met, the application is assigned a granting number and a date.

In the last stage of the process, the trademark registration certificate is issued. The INPI shall issue a trademark registration certificate, constituting the most faithful proof of ownership thereof. When no oppositions are filed by third parties and/or no reviews conducted by the INPI examiners, the process may take between 12 and 14 months. Upon registration, the trademark is first valid for 10 years and is renewable indefinitely for further periods of 10 years.

The first imponderable that may delay any trademark registration process is the filing of an opposition by a third party. It occurs when the administrative process is objected by the holder of another trademark within the 30 days following the publication date.

From then on, should it be decided to overcome such obstacle, the stage where oppositions are to be defended shall start. It consists in explaining the (formal, material and geographical, among a number) differences between the applicant´s name and the name held by the opponent, so as to achieve the withdrawal of the opposition filed and the resumption of the trademark registration process, by filing exclusions and oppositions, if required.

Similarly, and conversely to the defense of oppositions, any third partys trademark registration application may be filed an opposition. The service rendered by EGUIA includes the monitoring of registered trademarks as well as of those that have been applied for and, should any application be submitted for the registration of a trademark that, at the holders discretion, may be confused with the holders trademark, oppositions against it may be filed so as to interrupt the process until, at the holder´s discretion, sufficient explanations are given or any other interesting proposal involving limitations and exclusions is posed. The INPI, as a controlling authority, has the power of conducting material REVIEWS. And, should the name be considered to be unregistrable or should similar previous cases be known, reports must be submitted in order to withdraw such objections so that the application dossier may be closed by the issuance of the trademark certificate.

Eguia & Asociados l Marcas y PatentesChronological order for the granting of a Trademark

4. What do I need to register a trademark? Details of the procedure
Any good Intellectual Property advisor shall emphasize the technical possibilities of the trademark to be registered not being similar to an already registered trademark by means of a search and, similarly, the countless conditions set forth in the Argentine regulations, where provisions are included as for what may not be registered as a trademark.

Any individual of legal age (aged 21 or over in Argentina) shall meet the following requirements:
1 - FULL NAME
2 - HOME AND BUSINESS ADDRESS
3 - NATIONAL IDENTITY DOCUMENT (DNI) PERSONAL IDENTITY DOCUMENT (FOR MEN) (LE), PERSONAL IDENTITY DOCUMENT (FOR WOMEN) (LC), IDENTITY CARD (CI) OR PASSPORT ISSUED IN ANOTHER COUNTRY.
4- SINGLE TAXPAYER ID NUMBER (CUIT) OR LABOR IDENTIFICATION NUMBER (CUIL).
5 - TRADEMARK LOGO. (DISKETTE WITH FILE IN BMP FORMAT FOR PC)
6 - SHARE OWNED BY EACH HOLDER (only if there are two or more holders, should nothing be mentioned in this regard, shares will assumed to be equal.

Any legal person shall meet the following requirements:
1 - PLACE OF BUSINESS
2 - DGI (INTERNAL REVENUE SERVICE) F.576 FORM (FEDERAL ADMINISTRATION OF PUBLIC REVENUE – AFIP)
3 - TRADEMARK LOGO. (DISKETTE WITH FILE IN BMP FORMAT FOR PC)
4 - SHARE OWNED BY EACH HOLDER (only if there are two or more holders, should nothing be mentioned in this regard, shares will assumed to be equal.
5 - NAME AND TITLE OF THE PERSON WHO WILL EXECUTE THE TRADEMARK APPLICATION AND REFERRED TO IN THE AGREEMENT.

DOCUMENTS TO BE SUBMITTED TO THE NOTARY PUBLIC:
1 - COPY OF THE ARTICLES OF INCORPORATION AND AMENDMENTS THERETOs
2 - COPY OF THE MINUTES IN WHICH THE LEGAL REPRESENTATIVE OF THE COMPANY HAS BEEN APPOINTED (Only if such representative is not already mentioned in the Articles of Incorporation or amendments thereto).
3 - SHOULD AN ATTORNEY-IN-FACT BE APPOINTED, CERTIFIED COPY OF THE RESPECTIVE POWER-OF-ATTORNEY.

5. What is a franchise?
The International Franchising Association (IFA) that gathers US franchisors understands that "a franchise is the agreement between a franchisor and a franchisee, under which franchisor offers or undertakes to keep a permanent interest in the franchisee´s business, in know-how and training-related areas, all that when franchisee operates using a trademark, system and/or procedure controlled and/or owned by franchisor, and in which franchisee has made or will make a significant capital investment from own sources.

Therefore, a franchise consists in authorizing other entrepreneurs to use a business plan in different areas and to their own benefit in compensation for the payment of a certain cannon/royalty or any other valuable consideration specifically agreed upon.

6. How is a book protected?
National Law No. 11723 established different procedures for the protection of intellectual developments. By doing so, a book may be protected depending on its stage:

If it has not been edited yet, it may be protected as an "unedited work". On the contrary, if it is to be edited soon, the ISBN (International Standard Book Number) shall be requested, followed by the "Published Work" application.

In both cases, it may take up to a week to protect the book, and Copyright deposits are made in the city of Buenos Aires, Argentina.

7. What is a patent?
It is about a new idea, valid for twenty years and non-renewable, which, in practice, allows to solve any given technical issue. It must be:

  • Novel in the sense that it has not been published or publicly used before.
  • Non-obvious
  • Applicable to the industrial sector.