The Argentine National Congress passed Act Number 26,355 on February 28 2008, which regulates collective trade marks (CTs).

According to this law, a CT is any sign distinguishing goods manufactured and/or services provided by social associations created for the development of the domestic economy. Act 26,355 establishes that:

1. Only an association formed by good manufacturers and/or service providers previously recorded in a local development and social economy registry can own a CT. Those who are unemployed or suffering from social hardship are entitled to register therein.
2. The CT application should include a request to register the trade mark in all the international classes. The Argentine Trade Mark Office may grant registration in relation to a certain amount of classes, if applicable.

The CT application should be filed together with:

• the name or identification of applying association;
• the legal address;
• the purpose of the association;
• the membership conditions;
• the requirements that must be complied with by its members in order to be granted authorization to use the CT;
• the rules and conditions governing the use of the CT;
• the supervision and verification mechanisms to control the use of the CT; and
• the corresponding penalties for the inappropriate use of the trade mark.

The CT can be renewed if it was used, at least in relation with one of the classes it was registered in, within a five-year period before it expires.

The Argentine Trade Mark Office is appointed as the authority in charge of resolving opposition disputes. The administrative decision can be appealed to the federal courts.

The Argentine Trade Mark and Trade Name Act 22,362 will be applicable to the CT, for the purposes of its registration.

Third parties are entitled to raise objections to CT applications for each class individually. A double fee has been provided to file these objections, a difference that is not justifiable in connection with the official fee to be paid with respect to the objections filed related to common trade mark applications.

The Act has not been regulated yet through an Implementary Decree. It would be desirable that the regulation express the need to limit the application requests only to the classes of interest. Otherwise, the requirement to record the CT in all international classes would result in additional work for the Trade Mark Office, with no noticeable advantages either for the applicant or for the community.

Carlos Octavio Mitelman

Obligado & Cia
Paraguay 610, 17th Floor
C1057AAH, Buenos Aires
Argentina
Tel: +54 11 4114 1100
Fax: +54 11 4311 5675
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