The importance of protecting your assets through Intellectual Property.


TRADES

Why should you register your trademark?

According to Argentine law, there is no right over a trademark without registration.

The exclusivity in its use, the right to file oppositions against the use of siimilar or confusing trademarks applied in the same products, or the legal enforcement against infrigement and forfeiting of the trademark comes from de Certificate of Registration.

What could be registered as a trademark?

According to Act 22.362 one or more words without conceptual meaning, drawings, images, wrappings or packaging, letter combinations or any other dign with distinctive capacity.

The Atilano Fernandez´Firm offers the following services

  • Filing of trademark applications
  • Preparation, Submission and Follow-up of an application for trademark registration.
  • Defence against oppositions by third parties
  • Obtainment of the trademark certificate
  • Legal Advice and Representation


Patents / Inventions

The invention patent is a property certificate that protects any innovative, original, invention that carries an industrial application, allowing the inventor to use it exclusively for 20 years, without extensions, from the date of the application.

There´s also the Utility Model, which focuses in the protection of all disposition or new forms obtained or introduced in tools, work instruments, devices or objects that may be used in a practical work as long as they provide a better use to the function for which ther are meant to be. They should also be a new and have an industrial application. In this case, the owner has exclusive right for 10 years.

The Atilano Fernandez´Firm offers to perform a technical study done by specialists in different subject areas in order to establish the viability of the patent or utility model.

Once the evaluation is done, the firm commits to prepare the descriptions and drwaings, file the application before the local regulatory authority, INPI, and to follow up the complex process of registration while notifying the client the progress in each stage of the proceedings.


Models / Design

We call Model or Industrial Design the shapes or external look incorporated to industrial products that confer its ornamental character. What the legal frame of the Industrial Designs intends to protect is the new shape, but just the ornamental aspect, regardless of the function or the better use which the new shape could provide.

That is why the Industrial Designs are called "of taste", since they only aim to the aesthetic aspects.

Anyone who asks for the registry of Models and Industrial Designs does it with the intention to protect the creation of an innovative or original shape form or aspect, because he believes that the characteristics given to his model or design, will have a positive impact on a prospective consumers

The protection given by this type of registration lasts for 5 years from the date of the deposit and may be extended two consecutive periods of the same length.


Copyright / Software

The copyright of a scientific, literary or artistic work, gives its author the right to publish it, to execute it, to represent it and to expose it in public, to alienate it, to translate it, to adapt it or to to authorize its translation and to reproduce ir in any form.

To the effects of Act 11.723, the scientific, literary or artistic works include writings of all nature and extension; the dramatic and artistic plays, musical compositions, dramatic musical compositions; cinematographic, choreographic and pantomimic ones; the drawings, paintings, sculptures, architectonic designs, models and artworks of science applied to the industry; the paitings, diagrams, maps; the plastics, engravings. In short, all scientific, literary, artistic or didactic production, regardless the reproduction means.

Atilano Fernandez´Firm takes care of the registration process until its end whatever the work to protect might be (copyright or software), reminding the client of the renewal date and providing legal advice and representation before the judicial courts in cases of Piracy or Plagiarism.


Internet / Domains

The domain name in the internet is the exclusive worldwide authorization to upload an internet web page with a certain denomination.

Therefore, the owner of a domain named "mydomain.com" will be the only authorized in the whole world to upload a web site which can be accessed from anyone, anywhere, using internet just by typing ont he browser: www.mydomain.com.

It is always advisable to register internet domains that refer to a trademark or company name in order to avoid spectulative uses from third parties.

This practice is known as "defensive position" registration and it is used by major companies, all over the world, interested in defending their trademarks and products.
Our Firm offers the opportunity to register, defend and recover domain names; and every other conflict that may come up due to its use.


Custom Protection

Law 25.986 (art 46) and general Regulation 2216/07 AFIP

The Alert System is a trademarks, intellectual and industrial property owners register, which allows the effective protection of intellectual and industrial property regulations.

When an owner of the abovementioned registers is subscripted to this System, the Custom Authorities will be able to prevent the importation and exportation of products that they consider may be causing an infrigement related to the ones belonging to the before mentioned owner.

In order to perform this type of control, any information or element able to identify and characterize the merchandise should be supplied, such as: general characteristics (queality and specie), samples, photographic brochures, detailed drwaings, etc. In other words, any instrument that will ease the identification of genuine products of the owner of the trademark. An identification of the countries where importation and exportation is usually performed must be informed. This will aid the Custom Authorities in the detection of potential infinger products.


Litigation

Intellectual property Rights grant their owners an exclusive right to use, allowing them to prohibit non-authorized uses. That right, without the possibility of enforcing it, is useless and incomplete.

In our view, negotiation is the best way to solve conflicts, and we strive hard to achieve a positive result through that avenue. Nevertheless, it is very important to count with a specialized litigation department, not only to counsel in the eventual negotiation itself, but also to act if legal actions are necessary.

Among the services, we can find the following:

  • Trademark, patent and copyright unauthorized use suits
  • Unfair Competition suits
  • Criminal and Civil actions in relation to counterfeiting
  • Non-Judicial and Judicial cease and desist letters
  • Injunctive reliefs
  • Any judicial action related to the defense of IPR’s.

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