Registration of trademarks with Customs now available

For many years, we have been asked by our clients whether it is possible to register trademarks with the Argentine Customs and have since been working closely with them to create a Voluntary Register of Trademark Rights.

With regard to legislation, Argentina probably has the highest level of protection as to border measures at present. Law No 25,986, passed on December 29, 2004, prohibits the import or export of goods when, upon a simple verification, it can be seen that they infringe any intellectual and industrial property rights granted by national laws. This regulation clearly exceeds the minimum protection standard provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), approved by Law No 24,425.

Although the rules of implementation of Section 46 have not yet been implemented, on February 26, 2007, the Argentine Tax Authorities by AFIP/Customs Resolution No 2216 created a so-called "alert system" whereby trademark owners will be able to obtain information and inspect goods identified with their trademarks before they are released into the marketplace. The system will become effective on April 3, 2007,

To benefit from the "alert system", trademark owners must provide Customs with the following:

(i)          certificate of trademark registration issued by the Argentine Trademark Office;

(ii)         identifiable features of the genuine goods, including samples;

(iii)       positioning of the goods in the Mercosur Customs Classification of Goods (Nomenclatura Común del Mercosur);

(iv)        ports of entry to Argentina of legitimate goods;

(v)         the name of a local representative or attorney.

Registration of trademarks with Customs will be valid for two years, renewable for similar periods of time.

The "alert system" will be an important tool for trademark owners to control the importation of counterfeit goods and parallel importation of genuine goods into Argentina.

Should you suspect that any infringing merchandise may pass through Argentine Customs or wish to preventively alert customs authorities at this time, we would be happy to assist.