Searches
Trademark availability searches are made according to the international nomenclature of the Nice Agreement; such search applications may target one class trademarks. Device marks can also be searched as special certifications. The approximate time frame to receive results is approximately 5 days.
Application
Trademark filing applications require an original Power of Attorney and priority documents (certified copy), if applicable. No legalization or notarization required. The application number is assigned at filing date. At filing the application is not necessary to specify actual use or intent use of the mark.
The criteria applied by the Examiner at the moment of examining the applications may be for relative or absolute causes. Likewise the application can be refused on the basis of a non-registered famous marks owned by third parties.
Concerning the procedure available to respond to a refusal, the objections raised against the registration of a mark may be removed within a month from the objection-notice. Extensions of this period are possible. If applicant fails to remove the objections within the required time frame, the registration shall be denied. The applicant whose application has been denied for registration may appeal to the General Director of the Trademark and Patent Office. The applicable law is the Industrial Property Law No. 20-00.
The applications are published once they have been examined in form and substance. Then the application can be subject of an opposition, which can be filed within 45 days as of the publication date of the mark.
Registration
Granted the registration, such is valid for 10 years and there are no maintenance fees due to keep it alive.
Cancellation
After 3 consecutive years from the last use, the registration can be cancelled for non-use. This action of cancellation can only be interposed by a third party. The action is filed before the local TMO and the time frame to obtain a decision is 12 to 18 months. An appeal of the decision is possible to submit to the General Director of the TMO.
Nullity
A registration can be subject of a nullity action, raised by a third party, based on absolute or relative causes. After five years of the registration date, a trademark a nullity action only proceeds if bad faiths is proven or for absolute causes. The action is filed before the local TMO and the time frame to obtain a decision is 12 to 18 months. An appeal of the decision is possible to submit to the General Director of the TMO.
Assignment
In order to record an assignment, it is required a certified copy of the deed of assignment by a notary of the respective country (original), signed by both parties, legalized by Apostille and original Power of Attorney duly signed. The time frame to receive the assignment certificate is within 15 working days.
Renewal
In the case of renewals of trademark registrations, it is required an original Power of Attorney duly signed. The first renewal due is 10 years from the registration date. There is a grace period of 6 months. The time frame to receive the renewal certificate is within 15 working days.
