FALLET · VARELA & Asociados
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Intellectual Property

Registration and defense of trademarks, patents and copyright, including action against misuse in digital environments.

Mendoza
Own offices in the city of Mendoza
Provincial and federal
We litigate in both jurisdictions and across the country
Inter-American
Cases before the IACHR and United Nations committees
Immediate reply
Urgent matters on WhatsApp outside office hours

An unregistered trademark does not belong to whoever uses it, it belongs to whoever registers it first. And once registered it has to be defended, because the right weakens if others are allowed to use it.

What we handle

The concrete scope of this area

  • Trademark registration, availability searches and oppositions before the INPI
  • Patents, utility models and industrial designs
  • Copyright and license agreements
  • Technology transfer and protection of know how
  • Cease and desist actions and unfair competition
  • Content takedown and brand enforcement on digital platforms

What comes next

What happens after you write to us

  1. Step 1

    First consultation

    We listen to the case and say plainly what can and cannot be done. If there is no case, we say so.

  2. Step 2

    Strategy

    We define the plan, the timeline and the cost before starting. No surprises afterwards.

  3. Step 3

    Follow up

    One lawyer responsible for the case, with a name and a direct line, for as long as it runs.

When to get in touch

Before taking the brand to market, and immediately if a third party turns up using something confusingly similar.

Frequently asked questions

What people ask us before the first meeting

How do I register a trademark in Argentina?

The application is filed with the INPI, in the classes of the nomenclature covering the goods or services the mark will distinguish. An availability search is worth running first, because filing over a mark that is already registered costs the same and is lost. Where nobody opposes and no objections are raised, registration usually takes twelve to eighteen months.

What can I do if someone is using my trademark?

With the mark registered you can demand that the use cease, claim damages and, in digital environments, pursue takedown through the platforms. Without registration the position is far weaker, because in Argentina a trademark belongs to whoever registers it first, not to whoever used it first.

How long does a registered trademark last?

Ten years, renewable for equal terms. Renewal requires that the mark has been used in the preceding five years, and that use has to be declared. A mark that goes unused can be cancelled at the request of a third party, so registration on its own is not enough.

Is my company name already a trademark?

No, they are two different things. The corporate name is entered in the public commercial registry and the trademark with the INPI, and holding one grants no rights over the other. Most businesses need both, and they are best resolved together before going to market.
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