Trademarks
mmazzuchin@duran.com.ar

Search (Advice): We conduct a search to assess the trademark registration possibilities.

Submission of trademark application, obtaining a Title Deed: Preparation of necessary documentation, opposition proceedings, or answer official actions in case of corresponding and follow-up of the process until the granting decision.

Trademark Monitoring Service during its validity: The trademark shall be valid for 10 years starting on the date of approval of registration, and we shall provide a monitoring service through a configured system. We shall inform our clients in case of applications of similar trademarks by third parties.

Expiration Notice: An expiration notice is issued well in advance, for our clients to consider a renewal of registration.

Monitoring Service Plus

In contrast to a regular surveillance service (STANDARD MONITORING SERVICE®), this new system -hereinafter referred to as MONITORING SERVICE PLUS®- works with a complex framework of comparative criteria that enable us to detect not only the trademarks identical to the ones under surveillance and in the same classification, but also those that are similar to our client’s trademark (in terms of grammar and phonetics) and that directly or indirectly influence our client’s activity, even though those trademarks are requested in a different classification.

After the experimental period, we have come to the conclusion that the MONITORING SERVICE PLUS® is extremely beneficial because, for each Bulletin of New Publications, it detects more pre-existing trademarks that can be opposable, and provides our client with more information and more potential circumstances to file an opposition in defense of their trademark, avoiding a potential dilution.

Furthermore, the MONITORING SERVICE PLUS® issues Notices of Lapse. Pursuant to Section 20 in Act 22.362, under request of an interested party, the trademark owner may lose his rights to the trademark if it has not been used in the last five (5) years prior to said request. For this reason, six (6) months prior to the fifth (5th) anniversary and before the lapse period commences, the system shall issue a notice that requires the trademark owner to provide proof of use. After being received, the documentation shall be kept with the trademark registration, and a new issuance of notice shall be automatically scheduled for five (5) years after the date of proof. This shall allow us:

To verify the way of use of the trademark and whether it is in agreement with the original deposit, for establishing if the trademark requires protection with a new submission, or if it includes a new sign (logotype, font, etc.) that is not protected.

To obtain key information to assess the filing of oppositions and the potential resolutions.

Finally, the MONITORING SERVICE PLUS® offers, together with the Title Deed, a recommendation to extend the coverage of our client’s registrations when they belong to the classifications that do not include protection and that are closely related to our client’s market segment.

Monitoring Service Plus vs Standard Monitoring Service

CUSTODIA STANDARD
• It detects identical or almost identical trademarks.
• It only detects previous trademarks in one classification.
• Notice of Expiration of trademark registration.

CUSTODIA PLUS®
• It detects identical or almost identical trademarks.
• It detects similar previous trademarks, based on case law comparative criteria.
• It detects previous trademarks in the same classification.
• It detects previous trademarks in similar classifications.
• It detects identical trademarks in all 45 classifications in the nomenclature.
• Notice of extension of coverage.
• Notices of Lapse of registration.
• Assessment of new registration according with the way of use stated.
• Notices of Expiration of registration.
• It detects identical or almost identical domain names (NIC Argentina).

Monitoring Service Plus vs Standard Monitoring Service
STANDARD MONITORING SERVICE MONITORING SERVICE PLUS®
It detects identical or almost identical trademarks. It detects identical or almost identical trademarks.
It only detects previous trademarks in one classification. It detects similar previous trademarks, based on case law comparative criteria.
Notice of Expiration of trademark registration. It detects previous trademarks in the same classification.
It detects previous trademarks in similar classifications.
It detects identical trademarks in all 45 classifications in the nomenclature.
Notice of extension of coverage.
Notices of Lapse of registration.
Assessment of new registration according with the way of use stated.
Notices of Expiration of registration.
It detects identical or almost identical domain names (NIC Argentina).
Utility Patents – Utility Models
bazantem@duran.com.ar

Submission of application, obtaining a Title Deed:  Preparation of Patent Specification, Claims and Drawings pursuant to applicable provisions. Tracking of the granting process.

Monitoring during validity of patent: Protection against requests of Patents/Utility Models by third parties that infringe or overlap the claimed rights, monitoring the publications of new applications.

Notice of Expiration of Annual Contributions: After the Utility Patent is granted, in order to keep its VALIDITY, the Patent owner shall pay the Annual Fee to avoid Lapsing and the loss of right. We shall issue a notice and a reminder of said fee well in advance.

Industrial Models and Designs
bazantem@duran.com.ar

Submission of application, obtaining a Title Deed: Preparation of Specifications and Drawings pursuant to applicable provisions. Tracking of the granting process.

Expiration Notice: An expiration notice shall be issued well in advance, for our clients to consider a renewal of registration.
© Duran & Associates – All rights reserved

NIC Argentina
solangeduran@duran.com.ar

NIC ARGENTINA is the Network Information Center of Argentina and it is governed by the Legal and Technical Secretariat of the Office of the President. It is aimed at equally facilitating the access to trustworthy internet for all people, as a fundamental element for the development of the country.

One of the several services offered by us, R.A. Durán&Asoc. S.R.L, is to protect our clients’ trademarks through the Bulletin of Publications of domain names registered before NIC ARGENTINA (Network Information Center of Argentina).
The registration of an Internet domain name shall be granted to the legal or natural person of legal age that first applies for it, with the exceptions stated in the regulations hereto.

The registration of an Internet domain name shall be valid for one (1) year as of the date of Approval and it may be renewed periodically. Upon expiration, a grace period of THIRTY (30) calendar days shall be granted; the delegation shall remain active. When this term ends, another period of FIFTEEN (15) calendar days shall be granted. During this second term, the delegation of the domain name to other DNS servers shall not be allowed; the ownership shall be maintained.

Copyright
bazantem@duran.com.ar

Submissions before the National Copyright Directorate of Argentina (DNDA for its Spanish acronym)
The Firm performs all necessary procedures to gain the protection of original works of authorship, by depositing them in custody. These works may be:

  • UNPUBLISHED WORKS: works that are used by authors or owners in private or in a company. In this case, the registration shall be valid for three (3) years. Once this period ends, the author shall apply for a renewal of the same duration.
  • PUBLISHED WORKS: works that are sold, given, donated or publicly distributed. This procedure includes the registration of works that are made available to the public. In this case, this registration is unique and permanent.

Our main purpose is to protect the author since the creation of the work.

Software & It Services Chamber Of Argentina (CESSI)
bazantem@duran.com.ar

Submissions shall be issued before the National Copyright Directorate of Argentina (DNDA for its Spanish acronym).
The Firm performs all necessary procedures to gain the protection of original works of authorship, by depositing them in custody. These works may be:

  • UNPUBLISHED WORKS: works that are used by authors or owners in private or in a company. In this case, the registration shall be valid for three (3) years. Once this period ends, the author shall apply for a renewal of the same duration.
  • PUBLISHED WORKS: works that are sold, given, donated or publicly distributed. This procedure includes the registration of works that are made available to the public. In this case, this registration is unique and permanent.

Our main purpose is to protect the author since the creation of the work.

Legal Advice
vvitale@duran.com.ar

In R.A. DURAN & ASOC, S.R.L., our legal sector is highly experienced in matters regarding industrial property and regulations in relation with products and businesses registration. We advise our clients on:

  • Claims to or by third parties for termination of use of trademarks, industrial models, utility patents, National Registry of Businesses (RNE for its Spanish acronym), and National Registry of Food Products (RNPA for its Spanish acronym).
  • Claims for copyrights infringement.
  • Preparation of license, trademark transfer and franchise, models and patents, and technology transfer agreements.
  • Appeals before the public administration in case of denial of registration of trademarks, industrial models, or patents.
  • Judicial appeals in case of fines imposed by administrative entities such as the National Administration of Drugs, Foods and Medical Devices (ANMAT for its Spanish acronym).
  • Revisions, depositions and procedures in case of trademark fraud by the National Customs Administration (DGA for its Spanish acronym).

Furthermore, we have representatives in the provinces of the country to put forward the necessary claims, either judicial or extrajudicial, to protect our clients’ interests.
Mid-term Notice of Affidavit of Use
A mid-term Notice of Affidavit of Use is issued well in advance, to fulfill this requirement in case the trademark is or was used within the last 5 years.