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Brief of the Trademark Law

Section 1º

The following products and services may be registered as trademarks so as to be distinguished: one or more words with or without conceptual content: drawings; emblems; monograms; engravings; stamps; seals; images; bands; color combinations applied on a certain place of the product or containers: packaging; containers; combination of letters and numbers; letters and numbers with a special drawing; advertising phrases or slogans; things carved in relief with a distinctive capacity and any other symbol with such capacity.

Section 2 º

The following are not considered marks and therefore are not eligible for registration:

a) Names, words or symbols which make up the necessary or usual designation of the product or service to be distinguished, or which describe its nature, function, qualities or any other characteristics.

b) Names, words, symbols and advertising phrases which have become generally used before the application for registration.

c) The shape given to products.

d) The natural or intrinsic color of the products or only one color applied on them.

Section 3º

The following cannot be registered:

a) A mark which is identical to one already registered or previously applied for registration to distinguish the same products or services;

b) Marks which are similar to others already registered or applied for registration to distinguish the same products or services;

c) Names of domestic or foreign origin (Certification marks).

Name of origin is to be understood as the name of a country, region, location or certain geographic area used to name a product from those places and whose qualities and characteristics have to do exclusively with the geographical features. Certain geographic areas are also considered name of origin for the purposes of certain products:

d) Marks which may lead to an error as regards the nature, characteristics, value, quality, manufacturing techniques, foundry, origin, price or other any characteristics of the products or services to be distinguished:

e) Words, drawings or any other sign or symbol whatsoever contrary to moral and good customs;

f) Letters, words, names, signs, symbols used or to be used by the Nation, the provinces, the municipalities, the religious and sanitary organizations;

g) The letters, words, names or signs used by foreign nations and international bodies recognized by the Argentine government;

h) The name, nickname or portrait of a person without his/her prior consent or the consent of the relevant heirs up to the fourth degree inclusive;

i) Names of activities including names and business names which describe an activity to distinguish products. However, acronyms, words and other signs having a distinctive capacity which are part of said names and business names can be registered to distinguish products or services;

j) Advertising phrases lacking novelty.

Section 5º

The trademark is granted for a period of 10 years and can be renewed for identical periods indefinitely if said trademark has been used consecutively for a five-year period before each expiry date.

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