THE IMPORTANCE OF REGISTERING A TRADEMARK
A trademark is the name which a certain product or service has, identifying it and differentiating it from the rest. Its logo is the image perceived by the customer.
Its name and logo should be protected as efficiently as possible. Remember that the customers are attracted by trademarks which represent quality and prestige. The marketing development and positioning of a trademark is very expensive for the companies, due to this fact, the trademarks should be protected carefully.
Furthermore from what the marketing department of the companies carries out, it is important to apply the proper and professional protection of a trademark all along its lifespan. What we do is analyzing products or services in relation to the registering of trademark, and then we check if the trademark is already registered in Argentina or in other parts of the world.
A trademark is useful to:
• Differentiate you from your competitors
• Stand out its quality and constant characteristics.
• Carry out and reinforce the advertising campaign.
• Prevent other companies from using the same trademark.
HOW TO REGISTER A TRADEMARK
According to the article Nº1 in our law of trademarks and brands, the trademarks which can be registered to distinguish products and services are: One or more words with or without conceptual meaning, drawings, emblems, monograms, seals, images, bands, combinations of colours applied on certain parts of the product or package, wrapping, packing, combination of letters and numbers, letters and numbers by its special drawing, advertising slogans, embossed images with distinctive capacity and any other sign with the same capacity
• The process of registering a trademark starts with a request via e-mail or telephone, in order to find out if the trademark you would like to register has already been created or if it is not possible to register the trademark you would like to.
• Our Law Firm is in charge of every stage of the process at the Direcciòn de Marcas del INPI (Trademark Register Department of State.) The information needed to register the mark is your personal data, being this a natural or a juridical person. Besides, it is a must to have a legal address in Federal Capital (Capital Federal), if you do not have one, our law firm provides it to you.
• If the trademark has a logo, it should be attached to the registering application form together with all the patterns of colours.
• The legal process takes approximately a year and a half in which our law firm is in charge of its procuring and monitoring of all the follow up steps. This is done in order to save time to the potential owner of the trademark, so that this person can concentrate on his professional activity and avoids wasting his time. But above all, we provide you the know-how and security of leaving the registering of your trademark in our hands.
PATENTS
Patents are the right of exclusiveness which the State grants the inventor in order to let us know the results of his investigation.
The sorts of patents which the Argentinean State grants are three:
• 1. PATENT OF INVENTION.
• 2. MODEL OF UTILITY
• 3. INDUSTRIAL DESIGN
PATENT OF INVENTION (IT IS GRANTED FOR A 20- YEAR PERIOD)
According to our national law of patent of invention, the patentable inventions will be those which are products or procedures, being these new in the field, providing an inventive activity or susceptible to industrial use. (An invention)
The requirements to patent inventions are:
• TOTALLY NEW BREAKTHROUGH: The invention must be worldwide. It must not be within any technical knowledge already launched all over the globe.
• INVENTIVE ACTIVITY: The invention must not be made of any mixture of already known elements.
• INDUSTRIAL USE: The object of the invention must aim at an industrial product or result.
MODEL OF UTILITY. (IT IS GRANTED FOR A 15 - YEAR PERIOD)
Any new disposition or form obtained or introduced within tools, working instruments, utensils, devices or known objects which can be used in a practical work, whereas they provide a better use for the function which they were created for. They will confer to its creator the exclusive right of exploitation.
That is to say, a model of utility does not have to have the requisite of being a totally new invention, but the object must be evaluated on its novelty, and its truly usefulness through any modification in its structure.
Many companies and factories modify some of its machineries without knowing that the possibility of patenting these changes can allow them to use them exclusively or to obtain economic benefits for the sale of that patent.
ANNUAL INSTALLMENTS
The registering of a patent involves the payment of an annuity, which if it is not paid, the same can be lost.
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