Trademark rights are obtained through registration with the appropriate authority for a period of ten years, renewable for consecutive ten-year periods. Ownership of a trademark belongs to the individual who first fulfills the conditions required for valid registration or who validly claims the oldest property rights associated with its registration. It’s possible to renounce the registration of a trademark for all or part of the goods or services for which it is registered.

Filing and Registration Formalities:

Trademark filing and registration can be done directly with INAPI or through its digital platform. Applicants create an account to track the progress of their application.

The trademark application includes:

• A registration request (official form) with the applicant’s full name and address after ensuring that the mark is not already owned by someone else.
• A form with a reproduction of the mark within the designated frame.
• A comprehensive list of products and services.
• Proof of payment for filing and publication fees.
• Foreign applicants must be represented by an authorized representative.
• A trademark registration application may be subject to withdrawal, especially if rights of exploitation or pledge have been granted. In such cases, written consent from the beneficiaries of these rights is required, and fees paid are non-refundable.

A patent of invention can safeguard new inventions resulting from inventive activity and applicable to industrial use. It’s a title granted to protect inventions related to products or processes. During the patent’s duration, the patentee or successors have the freedom to make changes to the invention. Here’s how the filing, examination, and granting of a patent work:

To obtain an invention patent, an application must be submitted to the competent authorities (INAPI) including:

• A request, description, one or more claims, one or more drawings (if necessary), and an abstract, all on forms provided by the competent department.
• Proof of payment of fees for filing and publication.
• If applicants are domiciled abroad, they must be represented by an authorized representative.
• The priority document and cession of priority, if the applicant is not the holder of the application.
• A statement justifying the right to the patent for an invention.

If the name of a product or service can be protected as a trademark, its appearance, ornamental features, or aesthetic appearance can also be protected as a design. A protected design gives its owner the exclusive right to object to any unauthorized copying or imitation by third parties. Here are the criteria for registering a design:

Only original and new designs are protected:

• Novelty: A design is new if the public has never seen it.
• Originality: A design is original if independently created by its author and not a copy or imitation of existing designs.

Excluded designs include those not meeting conditions of novelty or originality, those containing protected official symbols, or those perceived to be against public order or morality. To protect an industrial design, follow these steps:

In most countries, registration is required for protection under industrial design legislation. Provide the following documents to INAPI:

• Fill out the application form in four copies, duly completed and signed.
• Provide a power of attorney if the applicant is a foreigner represented by an authorized representative.
• Submit six copies of the design photography.
• Include the receipt of payment for the corresponding filing tax.

The duration of protection is ten years from the filing date, divided into two parts:

• The first year remains secret if the applicant does not request publication.
• The second part is nine years, during which protection is obligatory published.