In several cases, a trade mark cannot be registered, even
when it has sufficient distinctiveness. For example, Section 3
(d) of the Trade Mark Law prohibits the registration of "those
marks that are susceptible of inducing error with respect to
the nature, properties, virtues, quality, manufacturing
techniques, function, origin, price or other characteristics of
the products or services to be distinguished".
This provision tends to protect the rights of the consuming
public and achieve greater transparency in the market.
It is the case with all such trade marks that are deceptive,
that is signs, words, etc that contain untrue indications as to
the nature, origin, components and qualities of the products or
services, or which attempt to deceive or lead the public into
error in any other manner.
In this regard, the National Institute of Industrial
Property (INPI) issued Resolution 191/2014 on August 26 2014 in
connection with Law 26,687 passed by the National Congress on
June 1 2011, which aims to protect the health of the population
from the harmful habit of smoking.
In addition, this law, in Section 13, makes direct reference
to the legislated matter in the Trade Mark Law, by establishing
the prohibition to use the terms "light", "soft" or "mild", or
the phrase "low-nicotine and low-tar", or the like in the trade
It is also noted that even though Law 22,362 contains a
prohibition in its Section 3 (d), regarding the introduction in
mark signs of elements that may lead the consumer public into
error or deception, this prohibition is generic and not
specific. INPI by this Resolution determines specifically that
marks that in products manufactured with tobacco contain the
terms "light", "soft", "mild", or "low-nicotine and low-tar"
cannot be registered.
Obligado & Cia
Paraguay 610, 17th Floor
C1057AAH, Buenos Aires, Argentina
Tel: +54 11 4114 1100
Fax: +54 11 4311 5675