New Era of Trade in Argentina. The Importance of the protection of International Trademarks in the country
As is well known, trademarks are a key component of any business strategy; they can in turn represent an asset of great value for companies.
Therefore, the recent decision of the Argentine government to reduce import tariffs for a wide range of products, including clothing, footwear and fabrics, marks the beginning of a new commercial stage in the country. This measure represents a significant opportunity for international companies to enter and establish themselves in the Argentine market, an increasingly attractive destination for global consumer goods. However, along with these opportunities, there are legal and strategic challenges that cannot be overlooked. Among them, the imperative need to register and protect trademarks plays a crucial role.
Argentina, as part of the global trading system, values trademark protection through a robust legal framework. However, in a market that will soon become more diverse and competitive due to the increased supply of imported products, international companies must take active steps to safeguard their most valuable assets: their trademarks. These not only represent a company’s identity, but also the trust, quality and experience that consumers associate with its products.
The current and future landing of international brands in Argentina, in a context of lower tariffs, will result in an increase in the variety of products available to local consumers. This scenario, although beneficial, entails a risk: the emergence of intellectual property infringements, such as counterfeiting or unauthorized use of trademarks. This could not only affect a company’s reputation, but also its revenues and market position.
Registering a trademark in Argentina is not simply a bureaucratic procedure, but an essential strategy to guarantee legal protection and exclusivity of use.
It is important to remember that rights over a trademark are acquired locally, and only effective registration in the country ensures the ability to defend it in cases of misuse by third parties. Likewise, developing a strategy for protecting companies’ trademarks allows them to establish solid and transparent commercial relationships, increasing the confidence of distributors, partners and consumers.
For these reasons, international companies wishing to enter the Argentine market should prioritize the registration and protection of their trademarks as a strategic step. This is the ideal time to adopt a proactive approach, ensuring that the benefits of trade liberalization are not tarnished by avoidable legal problems.
At the same time, it is important to remember that for those companies that have trademark registrations in force in the country, it is necessary to pay attention to the fact that once the fifth year of the trademark registration has expired, the holder must submit a sworn statement regarding the use made of the trademark up to that moment. The presentation will be a mandatory requirement to keep the trademark safe and for the National Institute of Industrial Property (I.N.P.I.) to process the renewal application once it has expired. In the case of not making the affidavit, the I.N.P.I. or interested third parties could request the revocation of its trademark and lose the ownership of the same.
In conclusion, the combination of a greater supply of products, increased competition and a solid legal framework make Argentina a promising market, but with challenges that require preparation. International companies have in their hands the opportunity to prosper in this new scenario, as long as they prioritize the protection of their trademarks. The conclusion is clear: in this new era of Argentine trade, it is necessary to think about developing a proactive protection of companies’ intellectual property in order to safeguard their intangible assets.
Author: Honorio M. Leguizamón Pondal
Argentina
