ARGENTINA – COLLECTIVE MARKS

IPIBA

According to the new law, Collective Mark (CM) is any sign identifying products and/or services manufactured or rendered by the associative forms aimed at the development of the social economy.

The National Institute of Industrial Property (INPI) will be in charge of applying Law No 26,355.

The main terms of Law No 26,355 are as follows:

a) The owner of the CM must be a single association formed by manufacturers and/or service providers registered with the Registro Nacional de Efectores de Desarrollo Local y Economía Social (RNEDLYES or National Registry of Effectors for the Local Development and Social Economy), which will only accept members affected by vulnerable social conditions or unemployed.

b) The CM application covers all classes of products and services falling within the international classification applied by the INPI. INPI may grant the registration for some classes and may enlarge the scope of the application to cover other classes once any obstacles have disappeared.

c) An application for the CM, and its assignment, must include the constitution act of the association; a certificate of effectors, and the regulations governing the use of the mark, which must have been approved by the RNEDLYES. If the regulations are contrary to morals and good custom, the law, public order or may lead to error as to the collective character of the mark, the CM will be denied.

d) Oppositions to the registration of a CM may be filed in relation with any class involved. Opposition fees will duplicate the ordinary official opposition fees. INPI will solve the matter and its decision will be subject to appeal at the Federal Court in Civil and Commercial Matters of the City of Buenos Aires.

e) The CM may be renewed provided that it was used within the five years preceding its expiring date.

f) The beneficiaries of Law No 26,355 shall not be subject to payment of fees.

g) A CM must meet the requirements established by Trademark Law No 22,362, for registration purposes, otherwise the CM will be null and void.

h) Law No 26,355 states the causes of extinction of CM rights and Trademark Law No 22,362 and its statutory regulations will be applicable insofar as they are compatible with the present law.

i) The Ministry for Social Development jointly with INPI and the National Institute of Industrial Technology will promote access to training and technical assistance programmes, in order to ensure the quality of processes and products and the improvement in the social work conditions of production.

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