SERVICIOS

INFORMACIÓN GENERAL

Trademarks

A trademark is a sign that distinguishes and identifies the products or services of a person or company and differentiates them from those of the of their competitors.

Because registering your trademark will grant you the exclusive right to use it and avoid third parties unlawful use of your trademark without your previous consent.

To know if we can register your trademark, our firm will previously conduct a registrability analysis based on the results of a search of antecedents and will send it to you with a personalized report on your registering expectations.

Technically, you will hold the exclusive right to use a trademark once the Registration is granted by the Trademarks Direction of the INPI (National Industrial Technology Institute). Only then, the applicant becomes the holder of the right. However, when the applicant initiates the registration process,  he or she acquires a pending or inchoate right which constitutes an advantage in relation to anyone else initiating a subsequent registration process.

Yes, you may. The registration process is a long process with different stages. During the process, the trademark application may receive OPPOSITIONS from third parties or even an OFFICE ACTION from the Trademarks Office. Our Firm will assist you during the whole registration process, giving you advice and serving you with our technical knowledge and experience on the subject matter which will enable to overcome any obstacles that may arise.

The ideal trademark registration process (i.e. When no obstacles arise during the process) may take from 18 to 20 months, depending on the issuing speed of the Trademarks Office.

Once your trademark is registered, it will stay active for TEN (10) years. No maintenance fee shall be paid during that period.

Furthermore, our Firm offers a surveillance and protection service for 10 ten years to keep your trademark protected. Thus, we will inform your in case any third parties intend to register trademarks which may be confused with yours and remind you when the time comes to renew your registration for a new 10 year period.

Patents

A Patent is an exclusive right granted on an invention that normally offers a new manner to do something or a new technical solution to a problem.

The invention must meet three main conditions: it must be new (e. i. not previously, nationally or internationally, known), result from an inventive activity (e. i. giving a non-obvious solution to a technical problem according to the experts on the subject matter) and have an industrial application.

No, it doesn´t. The protection scope of a Patent is territorial. Thus, the protection scope only covers the Argentine Republic.

No, you don’t. By initiating the application process, you acquire a pending or inchoate right. That is to say, the right will become in full force with the Patent issuance once it is granted by the National Patents Administration.

Yes, you can. You can use the Patent under the perjury of being prosecuted if you were affecting someone else’s better right.

A Patent is active for twenty (20) years as from the application date.

Yes. Once a Patent is granted, the National Patents Administration will issue a Patent Letter. Subsequently, the Patent holder will have to pay annuities to keep the Patent active.

Models and Industrial Designs

An Industrial Model seeks to protect the form or aesthetic appearance of an industrial product that gives it an ornamental character.

An Industrial Model is active for 15 years and it should be renewed after every five-year period.

The application process takes 5 to 10 days. After that, if the application meets all formal requirements, the Models and Industrial Designs Direction will issue the corresponding certificate (title).

Copyright

Copyright refers to the rights corresponding to creators of literary or artistic works. Books, music, paintings, sculptures, films, computer programs, databases, advertisements, maps, and technical drawings are works which may be protected by Copyright.

The law does not include a comprehensive list of works protected by Copyright. However, generally, among the works normally protected by Copyright all over the world are the following:

Literary works, such as novels, poems, performances, reference works, newspaper articles; computer programs and databases; films, musical pieces and choreographies; artistic works such as paintings, drawings, photographs and sculptures; architectural designs; and advertisements, maps and technical drawings.

Copyright protection only covers physical expressions but not ideas, procedures, operation methods or mathematic concepts. Copyright may protect elements such as titles, slogans, or logotypes depending on the sufficiency of the work’s authorship.

The property right is active for 70 years as of the death of the creator of the work. Longer terms may be granted in favor of the creator´s heirs. 

Customs Control

It’s a control service of utmost importance to protect Industrial and Intellectual rights, especially, trademarks. It also constitutes an effective preventive measure against product counterfeiting and piracy.

The control takes place at borders with the aid of international cooperation as measures against intellectual and industrial property rights infringement. Furthermore, there are domestic laws for protection against counterfeiting. Once goods enter a territory, they are under the Customs control and surveillance where specific procedures take place to avoid the trading of counterfeited products.

In case a potential infraction is detected, the Customs will contact someone from our Firm and he or she will appear in person to verify the existence of an infringement and proceed accordingly.

Internet

It is the conversion of an IP Address into a language understood by the user. For example: atilanofernandez.com.ar When you type a web address in your browser, you are writing a domain mane instead of the assigned IP which would be exceedingly difficult to remember.

You need find a Domain Registrar. It may be the same offered with the hosting or any other. Web Domain prices are normally reasonable.

There are first, second and third level Domains. First level Domains refer to the endings (.ar, .com, .net, .org, etc.) Second level Domains refer to the names. For example, in atilanofernandez.com.ar, “atilanofernandez” is second level and “.com.ar”, first level. On the other hand, third level Domains are sub domains. For example: blog.edmodo.com.

You can check if the Domain is available with the Domain Provider. There are also web pages such as nic.com where you can type the name you want to check, and you will see if someone has acquired it or not.

The Web Domain register is active for 1 (one) year.

A Domain name dispute enables a user to claim the ownership of a domain previously registered by another user when he or she believes to have a better right in it.

In case a Domain has been taken by third parties, it will of utmost importance for its recovery to find out the circumstances related the attack. It is crucial to know if the holder has been in contact with the Hosting Provider, the Registrar or any other public institution and, above all, if the holder has any way to prove the Registrar that the registration or use of the Domain is legally his/hers.

In case a potential infraction is detected, the Customs will contact someone from our Firm and he or she will appear in person to verify the existence of an infringement and proceed accordingly.

Atiliano Fernández Law Firm has a team of professionals ready to advise you and answer any questions in accordance with your needs.