Declaration of Use of a Trademark in Argentina

According to the legislation in force, five years after a trademark is granted in Argentina, the applicant should file a Declaration of Use indicating that the registered trademark is in use in that jurisdiction, otherwise it can be presumed that the trademark is not actually being commercialized in that country and, therefore, could become a potential target for a Cancellation Action.

Although filing the Declaration of Use is not mandatory, we strongly advise doing so, as filing the Declaration before the Argentinian Patent and Trademark Office – PTO is a straightforward action and does not require the presentation of evidence of the said use. If not presented between the 5th and 6th year of the registration date, the Declaration can still be presented at the time of renewal.

Should you have any question, our team at Kasznar Leonardos’ Latin American Hub, the I’B, is ready to assist you. Feel free to contact us at trademarks@ibtheiphub.com.