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The Collective Trademarks Act in Argentina: far from its real concept

On 28 February 2008 the Collective Trademarks Act was passed in Argentina, enacted on 25 March 2008 and published in the Official Gazette on 27 March of the same year, under No. 26,355.

The Collective Trademarks Act came about with the aim of supporting the area of merely “social” marks. Serious conceptual errors have been detected as it did not take the opportunity to incorporate the true concept of the “collective Trademark” in Argentinian legislation.

Collective Trademarks can only be applied for by groups registered in the National Register of Social Development Drivers, thus preventing associations, cooperatives or others not included in the register, from doing so.

The main objective for the national authorities, when drawing up the Collective Trademarks Act, was social, productive and economic inclusion of those sectors which are considered most socially vulnerable. Unfortunately, the real concept of the Collective Trademark has become blurred, which is shown in the benefit of the exemption of tariff payments for the beneficiaries of this law.

In addition, there are notable absences from the conceptual and operational point of view of the Act. We can highlight the payment of a higher rate to opponents and the different opposition system to that included in the Trademarks Act, which is constitutionally differentiating and reproachable.

Unfortunately, the authorities have failed to take advantage of a unique opportunity, especially considering that our legislators have neglected the Trademarks Act and the need to update it and adapt it to all the Agreements and Treaties signed by Argentina relating to Intellectual Property Rights.

It would have been much better if it had fully included the concept of the Collective Trademark, establishing a special regulation with exemption from rates for those who aim to help and boost their social development.

Finally, we can say that time and practice will be the judges of the Collective Trademark Act. The facts show that this will be the case, as so far only 3 Collective Trademarks have been filed.

Carmen Sánchez-Puelles