Union européenne
Argentine
Marques de fabrique ou de commerce
9. Please give the definition of a sign under your national legislation and explain under what conditions it is protectable.
The following are recognized as signs under Article 1 of Law No. 22.362: one or more words, with or without meaning; drawings; emblems; monograms; engravings; stampings; seals; images; bands; combinations of colours applied to a particular place on the goods or their packaging; wrappers; containers; combinations of letters and numbers; letters and numbers insofar as they concern the special design thereof; advertising phrases; reliefs having distinctive capacity; and all other signs having such capacity. The list in Article 1 is not exhaustive and provides examples of signs that may be registered as trademarks to distinguish goods or services. Argentine case law has extended this merely indicative list of signs eligible for registration as trademarks (and therefore entitled to protection) to all signs that have distinctive capacity and that are not liable to mislead consumers. Owners of registered trademarks enjoy an exclusive right of use entitling them to prohibit third parties from using the signs in question or any other sign liable to cause confusion.