An Overview of Argentina’s Latest Nation Brand Regulation

On November 4, 2021, Resolution No. 60/2021 issued by the Ministry of Tourism and Sports was published in the Official Gazette. The resolution approves Argentina Nation Brand regulations established by Decree No. 460 of July 14, 2021, the technical, administrative and operational management of which are to be carried out by the National Directorate of the Nation Brand, under the Secretariat of Tourism Promotion of the Ministry of Tourism and Sports.

The regulations contain the Manual of Use of the Argentina Nation Brand and the Argentina Nation Brand certificates. In addition, the regulation is mandatory for the entire national public administration and for individuals and legal entities, whether public or private, national or foreign, who request and obtain a license to use the Argentina Nation Brand.

The application for a License to Use must be aligned with the objectives of the Nation Brand, which are to promote tourism, exports, investments and the country’s image, mainly in the fields of gastronomy, culture, education, art, sports, and national interests.

The use of the Nation Brand implies a commitment to the Argentine Republic and sets out to achieve the following:

a. Promote Argentina throughout the world.

b. Promote tourism to Argentina.

c. Increase Argentine exports and make them more competitive.

d. Attract investments to Argentina.

e. Improve the country's image in general.

f. Strengthen national pride.

Individuals, legal entities under public or private law, national or foreign, who develop economic activities for profit or not for profit may apply for a License to Use.

The resolution outlines how to apply for the License to Use and what conditions and documentation are required.

The Inter-ministerial Committee for Argentina’s Nation Brand is in charge of assessing applications and will take the following into account:

• If the applicant is an exporter or potential exporter.
• If its products are certified to the highest quality standards of its sector.
• If it is a company whose capital is mainly Argentine (more than 51% Argentine capital) and if it hires national personnel.
• If it has a criminal record, has filed for bankruptcy or insolvency proceedings, and its fiscal and banking situation is in order.
• If it has sustainability and/or social impact programs.
• If it has a policy geared toward gender equality and carries out actions aimed at achieving this objective.

Priority will be given to companies that are innovative (in their business ideas, production, distribution and/or marketing); that are linked to international matters (environment, food); that are linked to social responsibility; that are part of the “Great place to work” index; that are winners of the Export Award (Premio Exportar); that have the Argentine Food Seal (Sello Alimentos Argentinos) and Organic Argentine Seal (Sello Orgánico Argentina); that are managed by women or have women in senior positions.

The Manual of Use of the Nation Brand (Annex to the resolution) contains technical information about how the Nation Brand is to be used.

The exclusive owner of the rights of the Nation Brand is the National State of Argentina.

Licenses to use are free, non-transferable, and non-exclusive. They may be granted for national or international use and are intended for the promotion of tourism, culture, sports, exports, investments, and the country's image.

They are granted for a maximum of 2 renewable years.

Use of the Nation Brand is prohibited for political or religious purposes or activities that are contrary to the promotion of the country's image.

License types include:

-Institutional Use (for individuals or legal entities that carry out economic activities).

-Use in Products and Services (for trademarks that distinguish Argentine products and services). If the registered trademark includes a portfolio of Argentine products and services, the entire portfolio must consist of Argentine products and services to use the Nation Brand.

-Use in national or foreign events that promote tourism, exports, culture, sports, investments, or the country’s image.

-Use by Representatives, which is granted for use by outstanding individuals in the field of culture, science, sports or activities which, at the discretion of the official authorities, represent, disseminate and promote the values of the Nation Brand.

Licensee companies will have access to benefits for participating in international trade promotion events; priority in possible business rounds that involve state visits, official delegations and missions of the Argentine Investment and International Trade Agency, the Ministry of Foreign Affairs, International Trade and Culture, and the Ministry of Tourism and Sports, among others.

The resolution establishes under what circumstances licenses may be suspended and revoked, as well as the rights and obligations of the licensee. Obligations under the resolution include banning any trademark, logo, design, sign or work that fully or partially incorporates the Nation Brand or any similar sign that resembles or induces confusion with it. When that is the case, the licensee may not to proceed with registration in Argentina or in any other country.