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Law 22.362
• LAW OF MARKS
(LAW No. 22.362 - B.O. 2/1/81-)
 

CHAPTER 1

OF THE MARKS

SECTION 1a

Right of property of the marks

 

ARTICLE l: they can register like marks to distinguish products and services:  an or more words with or without conceptual content;  the drawings;  the emblems;  the monograms;  the engravings;  the printings;  the stamps;  the images;  the bands;  the combinations of colors applied in a certain place of the products or of the containers;  the wrappings;  the containers;  the combinations of letters and of numbers;  the letters and numbers for their special drawing;  the advertising sentences;  the reliefs with distinctive capacity and all other sign with such a capacity.

ARTICLE 2: they are not considered marks and they are not registrable:

a) the names, words and signs that constitute the necessary or habitual appointment of the product or habitual service to distinguish, or that they are descriptive of their nature, function, qualities or other characteristics;

b) the names;  words, signs and advertising sentences that have passed to the general use before their registration application;

c) the form that is given to the products;

d) the natural or intrinsic color of the products or a single color applied on the same ones ARTICLE 3: they cannot be registered:

a) an identical mark to a registered one or requested previously to distinguish the same products or services;

b) the similar marks to other already registered or requested to distinguish the same products or services;

c) the national origin denominations or foreigners.

He/she understands each other for origin denomination the name of a country, of a region, of a place or certain geographical area that it is good to designate a product native of them, and whose qualities and characteristic they are exclusively to the geographical means. It is also considered origin denomination the one that refers to a certain geographical area for the ends of certain products;

d) the marks that are susceptible of inducing to error regarding the nature, properties, merit, quality, technical of elaboration, function, origin, price or other characteristics of the products or services to distinguish;

e) the words, drawings and other signs contrary to the morals and to the good customs;

f) the letters, words, names, distinguishing characteristics, symbols that use or they should use the Nation, the counties, the municipalities, the religious and sanitary organizations;

g) the letters, words, names or distinguishing characteristics that use the foreign nations and the international organisms recognized by the Argentinean government;

h) the name, alias or a person’s portrait, without their consent or that of their heirs until the fourth grade inclusive;

i) the appointments of activities including names and social reasons, descriptive of an activity, to distinguish products. However, the initials, words and other signs with distinctive capacity that you/they are part of those, will be able to be registered to distinguish products or services;

j) the advertising sentences that lack originality.

ARTICLE 4: The property of a mark and the use exclusivity are obtained with a registration. To be regular of a mark or to exercise the right of opposition to their registration or of their use, the applicant’s legitimate interest is required or of the opponent.

ARTICLE 5: The term of duration of the registered mark will be of Ten (10) years. He/she will be able to be renovated indefinitely by same periods if the same one was used inside the Five (5) previous years to each expiration, in the commercialization of a product, in the benefit of a service, or like part of the appointment of an activity.

ARTICLE 6: The transfer of the registered mark is valid regarding third, once inscripta in the National Address of the Industrial Property.

ARTICLE 7: The surrender or sale of the trade bottom understands that of the mark, except for stipulation in contrary.

ARTICLE 8: The prelación right for the property of a mark will remember for the day and hour in that the application is presented, without prejudice of that settled down in the international treaties approved by the Republic Argentina.

ARTICLE 9: A mark can be registered jointly for Two (2) or more people. The holders should act in combined form to license, to transfer and to renovate the mark; anyone of them will be able to deduce opposition against the registration of a mark, to begin the actions foreseen in this law in their defense and to use it, except for stipulation in contrary.

SECTION 2a

Formalities and registration step

ARTICLE 10: Who wants to obtain the registration of a mark, it should present an application for each class in that it is requested that includes their name, their real home and a special home constituted in the Federal Capital, the description of the mark and the indication of the products or services that it will distinguish.

ARTICLE 11: The special home to that refers the Article 10, constituted by a person domiciled abroad, is valid to establish the jurisdiction and to notify the judicial demands for nullity, recovery or expiration of that mark and for all the notifications to be made with relationship to the one processes of the registration.

However, when it is judicial demands for nullity, recovery or expiration, the judge will enlarge the term to answer them and to oppose exceptions, in attention to the defendant’s real home.

ARTICLE 12: Presented the registration application, the application authority if I will find fulfilled the legal formalities, it will make their publication for a (1) day in the Bulletin of Marks to coast of the petitioner.

Inside the thirty (30) days of having made the publication, the National Address of the Industrial Property will make the search of antecedents of the requested mark and it will rule regarding its registrabilidad.

ARTICLE 13: The oppositions to the registration of a mark should be made before the National Address of the Industrial Property inside the thirty (30) run days of the publication foreseen in the Article 12.

ARTICLE 14: The oppositions to the registration of a mark should be deduced in writing, with indication of the name and the opponent’s real home and the foundations of the opposition, those that will be able to be enlarged when being answered the demand in judicial headquarters. In this writing a special home should be constituted inside the Federal Capital that will be valid to notify the judicial demand that the applicant begins.

ARTICLE 15: they will be notified the applicant the deduced oppositions and the observations that it deserves the application.

ARTICLE 16: Compliment a (1) year starting from the notification foreseen in the article 15, the abandonment of the application will be declared in the following cases:

a) if the applicant and opponent don’t reach an agreement that facilitates the administrative resolution and that doesn’t begin judicial action inside the suitable term;

b) if promoted by the applicant the judicial action, their expiration takes place.

ARTICLE 17: The judicial action to obtain the retirement of the opposition will begin before the National Address of the Industrial Property. Inside the ten (10) days of having received the demand, the Address, will remit the same one and the elements added her, to the Federal Tribunal in the Civil and Commercial of the Federal Capital together with the copy of the administrative performances of the opposed mark.

The respective judicial process will traffic according to norms of the ordinary trial.

ARTICLE 18:  The judge intervener will inform to the National Address of the Industrial Property on the result of the initiate trial to obtain the retirement from the opposition to the ends that correspondiere.

ARTICLE 19:  By means of opposition, the applicant and the opponent they will be able to give up the judicial road of common agreement and inside the term of a (1) year settled down in the article 10, to communicate it to the National Address of the Industrial Property. In such a case resolution will be dictated that will be inappealable, after having heard both parts and of having produced the pertinent tests. The regulation will determine the applicable procedure.

ARTICLE 20: When the renovation of the registration is requested, you will act according with that settled down in the Article 10 and a declaration sworn in the one that will be consigned will also be presented if the mark was used in the term settled down in the I Articulate 5º, at least in one of the classes, or if it was used as appointment, and it will be indicated as it corresponds, the product, service or activity.

Dictated the approbatory resolution of the registration or of the renovation he/she will surrender to the applicant the respective certificate.

ARTICLE 21: The resolution denegatoria of the registration can be refuted in the face of the Federal Justice in the Civil and Commercial. The action will be processed according to the norms of the ordinary trial and he/she should intervene, inside the thirty (30) skilled days of having notified the resolution denegatoria, for before 1a National Address of the Industrial Property that will act according with that settled down in the article 17.

In the case of not being promoted the action in the established term the abandonment of the application will be declared.

ARTICLE 22: The files of registered marks or in step they are public. Any interested one can request, to their coast, it copies total or partial of a file in the one that definitive resolution has been dictated.

SECTION 3ra

Extinction of the right

ARTICLE 23: The right of property of a mark extinguishes:

a) for renouncement of their holder;

b) for expiration of the term of validity, without he/she is renewed the registration;

c) for judicial declaration of nullity or expiration of the registration.

ARTICLE 24: they are null the registered marks:

a) in breach to that prepared in this law;

b) for the one who, when requesting the registration, he/she knew or he/she should know that they belonged at a third;

c) for their commercialization, for who develops as habitual activity the registration of marks to such an effect.

ARTICLE 25: The action of nullity prescribes at the ten (10) years.

ARTICLE 26: TO part order, the expiration of the mark will be declared that had not been used in the country, inside the five (5) previous years to the date of the initiation of the action, unless mediaren causes of more force.

The registered mark doesn’t expire and not used in a class if the same mark was used in the commercialization of a product or in the benefit of a service included in other classes, or if she is part of the appointment of an activity.

CHAPTER II

OF THE APPOINTMENTS

ARTICLE 27: The name or sign with which an activity is designated with or without ends of lucre, it constitutes a property for the effects of this law.

ARTICLE 28: The property of the appointment is acquired with its use and only with relationship to the field in the one that is used and it should be unmistakable with the preexistentes in that same field.

ARTICLE 29: All person with legitimate interest can oppose herself to the use of an appointment.

The respective action prescribes a year since the third began to use it in public and ostensible form or since the accionante had knowledge of its use.

ARTICLE 30: The right to the appointment extinguishes for the ceasing of the designated activity.

CHAPTER III

OF THE ILLICIT ONES

SECTION 1a

Punishable acts and work

ARTICLE 31: it will be repressed with prison of three (3) months at two (2) years being been able to also apply a ticket of a million pesos ($1.000.000) to hundred fifty million pesos ($150.000.000):

a)the one that falsifies or imitate a registered mark or an appointment fraudulently;

b) the one that uses a registered mark or a falsified appointment, fraudulently mock or belonging to a third without their authorization;

c) the one that puts in sale or bandage a registered mark or a falsified appointment, fraudulently mock or belonging to a third without their authorization;

d) the one that puts in sale, bandage or otherwise market products or services with falsified registered mark or fraudulently mock.

The National Executive Power will upgrade annually the I mount of the ticket foreseen on the base of the variation registered in the index of prices bigger general level, published officially by the National Institute of Statistic and Censuses.

ARTICLE 32: The penal action is public and the general dispositions of the Book 1 of the Penal Code are applicable as soon as they are compatible with the present law.

ARTICLE 33: The Federal Justice in the Criminal thing and Reformatory is competent to understand in the penal actions that will have the step of the correctional trial;  and the Federal Justice in the Civil and Commercial is it for the civil actions that will follow the step of the ordinary trial.

ARTICLE 34: The one damaged, anyone is the elected road, he/she can request:

a) the forfeit and sale of the merchandises and other elements with mark in infraction,

b) the destruction of the marks and appointments in infraction and of all the elements that take them, if they cannot separate these.

The Judge, to part order, it will order the publication from the sentence to the offender’s coast if this was condemned or conquered in trial.

ARTICLE 35: In the civil trials that begin to obtain the ceasing of the use of a mark or of an appointment, the plaintiff can demand to the demanded real caution, in case this doesn’t interrupt the questioned use. The Judge will fix this agreement caution with the apparent right of the parts and he will be able to demand contracautelas

If he/she doesn’t lend himself real caution, the plaintiff will be able to demand the suspension of the exploitation and the seizure of the objects in infraction, granting if I/you/he/she was requested, enough caution.

ARTICLE 36: The right to all birdcall for via civilian it prescribes after having lapsed three (3) years of having made the infraction or after a (1) counted year from the day in that the proprietor of the mark had knowledge of the fact.

ARTICLE 37: The one produced of the tickets foreseen in the article 31 and of the sales to that he/she refers the article 34, it will be dedicated to general rents.

SECTION 2º

Preventive measures

ARTICLE 38: All proprietor of a registered mark to whose knowledge the news of the existence of objects arrives with mark in infraction according to that settled down in the article 31, he/she can request the competent judge:

a)the seizure of the objects;

b)their inventory and description;

c) the kidnapping of one of the objects in infraction.

Without damage of the judge’s ability of ordering these occupation measures, he/she will be able to require enough caution to the petitioner when it estimates that this lacks patrimonial responsibility to respond in the supposition of being had order the seizure without right.

ARTICLE 39: That in whose to be possible finds objects in infraction, it should credit and to inform on:

a) the name and address sold them to him of who or it offered and the date in that happened it, with exhibition of the invoice or ticket of respective purchase;

b) the quantity of manufactured units or sold and their price with exhibition of the invoice or ticket of respective sale,

c) the identity of people to who he/she sold them or he/she gave the objects in infraction.

Everything will consist it in the records that he/she will rise when being carried out the measures foreseen in the article 38.

The negative to give the reports foreseen in this article, as well as the lack of the documentation that serves from commercial back to the objects in infraction, will authorize to show off that its fork is participant in the falsification or fraudulent imitation. Those reports will be been able to enlarge or to be completed so much in judicial headquarters to interested initiative of the own one as for the judge’s application that he/she will be able to become intimate to this effect for a certain term.

ARTICLE 40: The holder of a registered mark will be able to request the precautionary measures foreseen in the Article 38, even when I won’t mediate crime before a similar mark or illegitimately employee. If he/she didn’t deduce the corresponding action inside the Fifteen (15) skilled days of having practiced the seizure or kidnapping, this will be been able to leave without effect at the request of the owner of the levied objects or kidnapped.

ARTICLE 41: The holder of a registered mark constituted by an advertising sentence, he/she can request the measures only foreseen in the article 38 with regard to the objects that take applied the advertising sentence in infraction.

CHAPTER IV

OF THE AUTHORITY OF APPLICATION

I ARTICULATE 42: The authority of application of this law is the National Address of the Industrial Property, clerk of the Secretary of State of Industrial Development of the Ministry of Economy the one that will solve regarding the concession of the marks.

I ARTICULATE 43: The National Address of the Industrial Property, will write down the registration applications and renovation in the order that you/they are presented him. To such an effect, it will take a signed Book and foliated by the Secretary of State of Industrial Development. In this book the date and hour of presentation they will be overturned, their number, the requested mark, the name and the applicant’s home and the products or services to distinguish.

I ARTICULATE 44: The registration certificate will consist on a testimony of the resolution of concession of the mark, accompanied by the copy of its description and it will take the signature of the Boss of the Department of Marks of the National Address of the Industrial Property.

I ARTICULATE 45: The registration, renovation. reclasificación, transfer, abandonment and denegatoria of marks, as well as their extinction for renouncement or for judicial resolution and the modification of their holder’s name, they will be published by the National Address of the Industrial Property.

I ARTICULATE 46: The National Address of the Industrial Property will conserve the files with its copies fehacientes. They will only be been able to destroy the original files when it has been obtained and kept copy of the same ones.

I ARTICULATE 47: The steps that are carried out before the National Address of the Industrial Property are subject to the payment of rates whose I mount it will fix the regulation. This montos will be upgraded according to that foreseen for the tickets, in the Article 31 “in it dies.”

TRANSITORY DISPOSITIONS

AND DEROGATORY

I ARTICULATE 48: The registered marks prior to the entrance in validity of this law and whose expiration takes place past the SIX (6) months of this date, they will be reclassified in the moment of its agreement renovation with the nomenclature that will establish the regulation, or before, to order of its holder.

I ARTICULATE 49: The present law will enter in validity at the Thirty (30) days of its publication in the Official Bulletin.

I ARTICULATE 50: The present law will be regulated inside the Sixty (60) days of its sanction.

I ARTICULATE 51: Deróganse the laws number 3975 and 17.400. the articles 2º, 3º, 5º, 6º, 7º and 8º of the Ordinance-law 12025/57, the ordinance of November 3 1915 on shields and flags and the ordinances numbers 126.065/38, 21.533/39 and 25.812/45.

I ARTICULATE 52:  Communicates, publish you. Give you to the National Address of the Official Registration and file you.

I DECREE REGULATION OF THE LAW OF MARKS

(I decree 558/81)

I ARTICULATE 1º: The products and the services will be classified according to the following Nomenclature:

IT LISTS OF CLASSES

PRODUCTS

1. Chemical products dedicated to the industry, the science, the picture, the agriculture, the horticulture, the forestry;  artificial and synthetic resins, rough plastic matters (in powder form, liquid or he/she pastures); payments for the lands (natural and artificial); compositions for extinguishers;  bathrooms and chemical preparations for weldings;  chemical products dedicated to conserve the foods;  matters curtientes;  adhesive substances dedicated to the industry.

2. Color, varnishes, lacquers;  anti-rust preservatives and against the deterioration of the wood;  material tintóreas;  mordant;  natural resins, metals in leaves and powdered for painters and decorators.

3. Preparations to whiten and other substances for the laundry;  preparations to clean, to polish, to degrease and pulimentar;  soap;  perfumery;  oil essential, cosmetics, capillary lotions;  toothpastes.

4. Oil and fatty industrial (that are not oils or eatable fats neither essential oils); lubricant;  compounds to concentrate the powder;  combustible compounds (included the essences for motors) and matters for illumination;  you veil, spark plugs lamps and wicks.

5. Pharmaceutical products, veterinarians and hygienic;  dietary products for children and sick;  applications, material even bandages;  materials to fill teeth and it stops dental improntas;  disinfectant;  preparations to destroy the weeds and the harmful animals.

6. Rough and semimanufactured common metals and their alloys, anchors, anvils, bells, laminate and fused construction materials;  rails and other metallic materials for railroads;  chains (except for the motive chains for vehicles); cables and metallic threads not electric;  locksmith’s;  metallic tubes;  boxes of big and portable flows;  steel balls;  horseshoes;  nails and screws;  other metal products (not beautiful) not included in other classes;  minerals.

7. Machines and machines tools;  motors (except for terrestrial vehicles); joinings and transmission belts (except for terrestrial vehicles); big instruments for the agriculture;  incubators.

8. Tools and manual instruments;  cutlery, forks and tablespoons;  steels.

9. Tools and scientific, nautical, geodesic, electric instruments (even the radio), photographic, film, optic, of weighing, of measuring, of balizamiento, of control (inspection), of aid (salvage) and of teaching;  automatic apparatuses that start by means of the introduction of a currency or of a record;  speaking machines;  boxes inspectors, machines of calculating;  apparatuses extinguishers.

10. Instruments and surgical apparatuses, doctors, odontológicos and veterinarians (included the prótesis).

11. Illumination facilities, of heating, of production of vapor, of cooking, of refrigeration, of drying, of ventilation, of distribution of water and sanitary facilities.

12. Vehicles;  apparatuses of terrestrial, air or aquatic locomotion.

13. Firearms;  ammunition and projectiles;  explosive substances;  artificial fires.

14. Beautiful metals and their alloys and objects of these matters or veneered (except cutlery, forks and tablespoons); jeweler’s, precious stones;  watchmaking and other chronometric instruments.

15. Music instruments (except speaking machines and radio apparatuses).

16. Paper cardboard, paper articles or cardboard (not understood in other classes); forms, newspapers and newspapers;  books;  bookbinding articles;  pictures;  stationery, adhesive matters (for stationery); materials for artists;  paintbrushes;  typewriters and of office (except furniture); instruction material or of teaching (except apparatuses); cards;  printing characters;  clichés.

17. Gutta-percha, elastic rubber, balta and substitutes, objects manufactured with these matters that are not understood in other classes;  leaves, badges and bars of plastic matters (semimanufactured products); matters that are good to caulk, to close with tow and to isolate;  amianthus, mica and their products;  flexible tubes not metallic.

18. Leathers and leather imitations, articles of these matters not included in other classes;  skins;  trunks and suitcases;  umbrella, parasols and canes;  whips, kinds and guarnicionería.

19. Construction materials, natural and artificial stones, I cement, lime, mortar, plaster and it burdens;  sandstone pipes or of cement;  products for the construction of highways;  I asphalt, fish and polish;  you marry transportable;  stone monuments;  chimneys.

20. Furniture, mirrors, marks;  articles (not included in other classes) wooden, cork, cane, rush, wicker, horn, bone, ivory, whale, shell, amber, mother-of-pearl, sea foam, celluloid and substitutes of all these matters or of plastic matters.

21. Small utensils and portable recipients for the furniture and the kitchen (not in beautiful metals or in having plated); you comb and sponges;  brushes (except for the paintbrushes); materials for cepillería;  instruments and materials of cleaning;  iron straw;  I glaze rough and semimanufactured (except the glass for the construction); glassware, porcelain and pottery not included in other classes.

22. Strings, twines, nets, stores, awnings, candles, sacks;  filler materials (mane, kapok, feathers, marine algae, etc.); rough textile fibrous matters.

23. Threads.

24. Fabrics;  quilts and mats;  textile articles not included in other classes.

25. Dresses, with inclusion of boots, shoes and slippers.

26. Narrow lace edgings and embroideries, tapes and knots;  bellboys, automatic, brackets, eyelets, pins and needles;  artificial flowers.

27. You carpet, doormats, mats, linoleums and other products to recover the floors, tapestry (that is not of cloth).

28. Games and toys;  gymnastics articles and sport (except dresses); ornaments and decoration for the trees of Christmas.

29. Meat, fish, birds and it hunts;  meat extract;  fruits and vegetables in preserve, dry and cooked;  you encourage, marmalades;  eggs, milk and other milky products;  oil and eatable fats;  you conserve, pickles.

30. Coffee, tea, cocoa, sugar, tapioca, sagú, substitutes of the coffee;  flours and preparations made with cereals, bread, cakes, cakes, pastry shop, sweet shop and ice creams;  honey, syrup of molasses;  yeast, powders to make spongy;  salt, mustard;  pepper, vinegar, sauces;  spices;  ice.

31. Agricultural, horticultural, forest products and grains not included in other classes;  alive animals;  fruits and fresh vegetables;  seeds, alive plants and natural flowers;  substances for the feeding of animals, malt.

32. Beer, ale and porter;  you dilute minerals and gassy and other non alcoholic drinks;  syrups and other preparations to make drinks.

33. Spirituous wines and liquors.

34. Rough or manufactured tobacco;  smoker’s articles;  matches.

SERVICES

35. Publicity and Business.

36. Sure and finances.

37. Construction and repairs.

38. Communications

39. Transport and storage.

40. Treatment of materials.

41. Education and esparcimiento.

42. Several.

I ARTICULATE 2: The National Address of the Industrial Property will be able to not classify products and services individualized expressly in the classification settled down in the article 1º. He/she will have main importance the nature of the product or service, in order to include it in the classes where products or services are already classified you tune. This classification will be published in the Bulletin of Marks published by the National Address of the Industrial Property.

Without damage of the willing one in the previous section, for the classification of products and services the National Address of the Industrial Property will abide to that settled down in the Explanatory Notes that are added like I Annex to the present Ordinance.

RATES

I ARTICULATE 3: The steps before the National Address of the Industrial Property are subject to the payment of the following rates:

For registration application or of renovation............................................................... $ 120.000

For reclasificación application.............................................................................. $   40.000

For application of annotation of mark transfer or of modification

of the holder’s name......................................................................................... $   60.000

For opposition to the mark registration....................................................................... $   40.000

For application again testimony or certification................................................... $   50.000

For application of total or partial copy of the file............................................... $   15.000

For information that is required on a mark................................................. $     3.000

For each administrative antecedent that should be remitted by judicial resolution

in original to the justice........................................................................................  $  50.000

Facúltase to the Secretary of the State of Industrial Development to upgrade the I mount of the rates according to that settled down in the article 47 of the law and to fix rates for the new services that could be implemented.

I ARTICULATE 4: course won’t be given to any step whose application is not accompanied by the perseverance of payment of the respective rate.

PRESENTATION OF APPLICATIONS

AND OF OPPOSITIONS

CHAPTER 1

OF THE MARKS

SECTION 1a

Right of property of the marks

The presentation of registration applications and of renovation of marks and of the writings of opposition it will be been able to make in the counties and national territories, in the post offices that determine the respective regulations.

I ARTICULATE 6: The Boss of the Department of Marks of the National Address of the Industrial Property will remit the administrators of mail a book in which will expand a records of that solicited whenever the interested ones make it in the form that prescribes the law.

The respective books will be signed and foliated by the National Address of the Industrial Property.

I ARTICULATE 7: inside the DOS (2) days of having made the presentation, the administrator of mail will remit to the National Address of the Industrial Property, an authenticated copy of the respective records with the perseverance of being had oblado the corresponding rate and in his case the descriptions, drawings and clichés.

Received this documentation will be overturned to the pertinent book and he/she will begin the term foreseen in the article 12 to run.

APPLICATION OF REGISTRATION AND OF

RENOVATION AND PROCESS OF REGISTRATION

I ARTICULATE 8: When the applicant is an artificial person, you/he/she will be mentioned, together with the recaudos foreseen in the article 10 of the law, her inscription for before the registrations and organisms that correspond as the norms that regulate her constitution.

I ARTICULATE 9: together with the registration application it will be presented, when it was the case, DOS (2) typographic clichés. These will owe metal being or wooden and to allow the clear and clear impression of the mark;  their dimensions won’t be able to exceed of EIGHT (8) centimeters of high for TEN (10) centimeters wide. These clichés will be used for the orderly publications in the articles 12 and 45 of the law.

In the case of renovation a typographic cliché will only be presented.

I ARTICULATE 10: When the mark is formed, total or partially, for a drawing, image or engraving will stick a facsimile in the descriptions. They will accompany, also, ten loose facsimiles.

The facsimiles will be printed in a single color.

EXAM OF THE APPLICATIONS AND

PROCESS OF INSCRIPTION

I ARTICULATE 11: To the applicant it will owe entregársele a receipt in which consist the mark, it dates, hour and presentation number, the applicant’s name, product or services to distinguish and the corresponding class. Identical receipt will give the administrator of mail.

I ARTICULATE 12: inside the TEN (10) days of their presentation it will be studied if the application was made in the corresponding class and if it fulfills the formalities demanded by the article 10 of the law, and inside the FIVE (5) following days it will be notified to the applicant of it. If the application was classified incorrectly it will also be notified the approach of the address and the antecedents if there are them.

The applicant will have a term of TEN (10) days to make the correction that corresponds or to answer the view. Inside the TEN (10) days of conquered this term the publication will be ordered or it will dictate resolution denegatoria, as it corresponds.

I ARTICULATE 13: The publication of the application will contain the applicant’s name, the presentation date, the products or services to distinguish, the class in that you/they are included, the presentation number, the invoked priority if the hubiere and, in its case the number of the agent’s of its industrial property registration that processes the application.

I ARTICULATE 14: The writing of opposition should be presented by copy. He/she will surrender to the opponent a perseverance with the date of their presentation.

I ARTICULATE 15: inside the FIFTEEN (15) days of conquered the term settled down in the article 13 of the law, will be notified to the applicant of the antecedents, deduced oppositions and other observations made regarding the registration of the mark, with copy of the writing of opposition, in which will consist the date of its presentation.

I ARTICULATE 16: If only hubiere observations that prevent to the concession of the registration, the applicant will have a term of NINETY (90) days starting from the notification to answer the view and to make the pertinent corrections. Starting from their answer or in their defect, of the expiration of the term, the National Address of the Industrial Property will have NINETY (90) days to solve.

I ARTICULATE 17: inside the FIVE (5) days of having received the occupation to that he/she refers the article 18 of the law one will run transfer to the applicant for TEN (10) days so that he/she answers the relative view to the antecedents and other observations to the application. If the occupation is obtained by the applicant the view it will be answered together with its presentation.

The National Address of the Industrial Property will dictate resolution inside the NINETY (90) days of having answered the view or of conquered the term to make it.

NOTIFICATIONS

I ARTICULATE 18 : The resolution denegatoria of the application, will be notified to the applicant inside the FIVE (5) days of having dictated.

I ARTICULATE 19: In the cases of applications of desisted marks and abandoned, it will be notified the applicant the resolution number and it dates, inside the FIVE (5) days of having dictated.

I ARTICULATE 20: When the registration is granted it will be notified to the applicant that should retire the respective certificate inside the TEN (10) days;  in their defect, the file will be filed.

I ARTICULATE 21: The notifications, made by virtue of the established one in this ordinance, will be it of agreement with that settled down in the Law of Administrative Procedures and their regulation norms or for certified letter with reception warning. In all the terms that settle down in this ordinance they will be the run days.

IT GIVES UP THE ONE IT PROCESSES JUDICIAL

I ARTICULATE 22: If the parts decide to give up the judicial road, they will make it in writing, combined or separately. Inside the TEN (10) days of having received the renouncements of both parts, one will run the transfer for TEN (10) days so that each one makes the presentation and offer the tests that it considers pertinent. These tests should take place inside the THIRTY (30) days of having offered and, conquered this term, resolution will be dictated inside the NINETY (90) following days.

ANNOTATION OF TRANSFERS

I ARTICULATE 23: to write down the change of name of the holder or the transfer of a registration or of an application it will be presented:

to) an application, in which will consist the names and the grantor’s homes and of the grantee, the number of concession of the registration and a copy of the document that it credits the transfer or the name change;  the grantee will constitute a special home in the Federal Capital. The transfer will be been able to orchestrate in the form that will make the National Address of the Industrial Property to such an effect;

b) the certificate of the registration marcario or a new testimony of the same one;

c) the perseverance of payment of the rate.

APPLICATION OF NEW TESTIMONIES

I ARTICULATE 24: to obtain new testimony of the agreed registration, an application should be presented, accompanied by a copy of the description, together with the perseverance of payment of the corresponding rate.

When several testimonies are requested of oneself registration, it will be admitted that it is made in a single writing that will be accompanied by so many copies of the descriptions like testimonies are wanted and it stops each one the corresponding rate it will be paid.

To order of any interested one he/she will surrender a certification in which the mark will be indicated, the products that it distinguishes, the dates and presentation numbers and of registration, its holder’s name, and any other fact that it is requested on that acted in the respective file.

ADVERTISING SENTENCES

I ARTICULATE 25: In the registration certificate that is granted to the holder of a mark formed by an advertising sentence, he/she will put on the legend “mark of advertising” sentence.nd will be included in the certificates of marks that are formed by an advertising sentence and for any other word or sign that individually they are, or they can be registered as mark.

PUBLICATIONS

I ARTICULATE 26: The publication of the registration applications will be made in the Bulletin of Marks published by the National Address of the Industrial Property. To order of the interested one, and to their coast, it will be published in this Bulletin the renouncement to a registered mark.

I ARTICULATE 27: The orderly publications in the article 45 of the law will be made in the Magazine published by the National Address of the Industrial Property.

I ARTICULATE 28: In the publication that orders the article 45 of the law the mark, the number of registration resolution, it will be consigned abandonment, waiver or denial as it corresponds and for correlative order;  the holder’s name, the products or services that it distinguishes, the class to that it belongs and, in their case, the number of the agent’s of the industrial property registration that he/she carried out the step.

In the event of transfer only the new holder’s name, the registration number, the respective class will be indicated, the date of its annotation and, in its case, the number of the agent’s of the industrial property registration that he/she carried out the step.

I ARTICULATE 29: The expenses that originate the publications foreseen by the law, will be assisted with the respective departures of the Special Bill, it would Secrete of Development National Industrial-address of to Industrial Property - Required Services, to which you/they will enter the sums perceived in such a concept.

The Secretary of State of Industrial Development will fix the prices of the publications and of sale of the Bulletin of Marks and of the Monthly Magazine, those that won’t be able to be superior to the rates of the Official Bulletin for similar services.

APPLICANTS AND LEADERS

I ARTICULATE 30: they can carry out the steps before the National Address of the Industrial Property:

to) the applicants, be these physical or juridical people;

b) their leaders with being able to general to administer;

c) the agents of the registered industrial property.

I ARTICULATE 31: When the agents of the industrial property act as managers, they should not accompany the respective power, unless it is requested them by interested part or for the National Address of the Industrial Property.

If they make it in the character of agents, they will obtain the power inside the term of SIXTY (60) days and this way to manifest it in the respective file;  contrary case, their administration will be ratified.

I ARTICULATE 32: Facúltase to the National Address of the Industrial Property to dictate norms of mere step in the procedure related with the application of this ordinance.

I ARTICULATE 33: Derógase the ordinance of regulation December of 1900, of the law 5 Nº 3975;  the ordinance of July of 1912, 30 that establishes nomenclature of products and the ordinances numbers 4065/32; 68.514/35; 111.715/37; 7309/61 and 10.261/61.

I ARTICULATE 34: Deróganse the resolutions of the Ministry of Agriculture of June of 1912, 14 August of 1912, 21 May of 1915, 12 January of 1926, 20 June of 1932, 18 April 29 1935 and the Nº 418 of April 11 1938;  the resolution Nº 307/60 of the Secretary of State of Industrial and Mining, the resolution Nº 133/79 of the Secretary of State of Industrial Development and the Dispositions of the National Address of the Industrial Property Nros. 4/56, 4/60, 3/61 and 9/62.

I ARTICULATE 35: Communicates, publish you, give you to the National Address of the Official Registration and file you.

I ANNEX I DECREE Nº 558 

YOU NOTICE EXPLANATORY 

PRODUCTS

to) The completed products are classified in principle, keeping in mind their function or destination, or of the industry that produces them, or subsidiarily, of the matters that they are made or of a sale place.

b) The first materials, rough or elaborated semi, they are classified, in principle, keeping in mind the matter that they are constituted.

c) The products dedicated to be part of another product go classified, in principle, in the same class that this last, only in the cases in that the same class of products usually is not able to, to have another placement. In all the other cases it is applicable the interest settled down in the letter to).

CLASS 1

Chemical products dedicated to the science with exclusion of the chemical products dedicated to the medical science (class 5). Chemical products dedicated to the agriculture, to the horticulture, the forestry;  with exclusion of the preparations to destroy the weeds and the harmful animals (class 5). Adhesive substances dedicated to the industry:  with exclusion of adhesive matters for stationery (class 16); the ictícola for nutritious use is ordered in the class 30. This class also understands the artificial and synthetic resins and the plastic matters in gross state (in form of powders, of liquids or of pastas). The natural resins are orderly in the class 2.

CLASS 2

Color, varnishes, lacquers:  as much for the artists as for the industry, for the dress or the craft, included the preparations to color the foods or the drinks. The insulating varnishes are ordered in the class 17. Matters tintóreas:  with exclusion of the bluing to wash the clothes, of the colorings for the laundry and of the tints for the hair (class 3). Natural resins:  class 2. The artificial and synthetic resins are ordered in the class 1.

CLASS 3

Preparations to clean:  with exclusion of the chemical products to clean the chimneys (class 1). Preparations to degrease:  except for when it is chemical products for the industry (class 1). Abrasive preparations:  with exclusion of the stones or molars to sharpen (class 8).

CLASS 4

Oil and fatty industrial. Combustible compositions:  such as mineral or vegetable coal, firewood, oils and combustible essences.

CLASS 5

The class 5 understand the products antiparasitarios.

CLASS 6

Rough common metals or elaborated semi and their alloys:  with exclusion of the one:  mercury, of the antimony, of the alkaline metals and of the alkaline-earthy metals (class 1). Of the metals in leaves or powdered for painters and decorators (class 2). Materials for the construction of laminate or fused:  in metal;  the other materials to build (stone, wood, plastic matters) they belong to the class 19. Minerals:  with exclusion of the aluminum mineral (bauxite) (class 1).

CLASS 7

Machines and machines tools:  with exclusion of those understood in the classes 9, 10, 11, 12 or 16.

Motors (except for terrestrial vehicles): motors for vehicles terrestrial class 12. Joinings and transmission belts (except for terrestrial vehicles): joinings and transmission belts for terrestrial vehicles:  class 12.

Incubators:  that is to say it stops poultry keeping, the incubators for newly born children should be ordered in the class 10.

CLASS 8

Manual instruments:  that they play the part of tools in the respective professions, with exclusion of the instruments worked by a motor (class 7), as well as of the instruments and apparatuses understood in the classes 9 and 10.

Cutlery:  included the beautiful metal cutlery, as well as the kitchen knives and razors of all type (included the electric razors).

The surgery instruments that could be understood under the “cutlery” term are ordered in the class 10.e cutlery is ordered in the class 16.

Forks and tablespoons also of beautiful metals.

Steels:  the foils for fencing are in the class 28.

 CLASS 9

Apparatuses and scientific instruments:  that is to say, of scientific investigation for laboratories.

Apparatuses and nautical instruments:  (except for the same vehicles) that is to say, apparatuses and instruments used for the control of a such ship as apparatuses and measure instruments and of transmission of orders.

Apparatuses and electric instruments not understood in other classes.

I) they Figure in the class 9 the following electromechanical and electrothermal apparatuses:

to) some tools and electrothermal apparatuses, such as the irons to weld by hand, electric, the electric irons that, if was not electric, they would belong to the class 8.

b) the apparatuses and devices that, if was not electric, they would belong to diverse classes, such as:  bearings heated electrically, suits and other articles heated electrically and that people, electric calentapiés, lighters of electric cigarettes, etc. take

c) the electromechanical apparatuses of domestic use used for the cleaning (electric vacuum cleaners and enceradoras of the floor for domestic use) that, if was not electric, they would belong to the class 21.

II) 9 don’t enter in the class the apparatuses and following electromechanical neither electrothermal instruments:

to) the apparatuses and instruments that 7 enter in the class:

•        apparatuses and instruments worked by an electric motor;

•        electromechanical apparatuses for the kitchen (crushers and mixers of foods, it presses fruits, electric grinders of coffee, etc.);

b) the apparatuses that 8 enter in the class:

•        razors and to cut the electric hair;

c) the apparatuses that you/they enter in the classes 10 or 11:

•        blankets heated electrically, etc. (class 10);

•        the electric apparatuses for the heating of local or to heat liquids, with exclusion of the bottles or electric bags of hot water (class 9) for the cooking, ventilation, etc. (class 11).

Apparatuses and photographic, film, optic instruments:  included the projectors of images and the enlargers;  apparatuses and mensuration instruments:  except for the watchmaking and other chronometric instruments (class 14); apparatuses and signaling instruments;  included the hooters to call to the dogs;  apparatuses and control instruments:  with exclusion of the control clocks (class 14); boxes inspectors and machines of calculating:  included the machines of offices of perforated cards. The class 9 understand the special cases equally for the apparatuses and instruments ordered in this class.

CLASS 10

Instruments and surgical apparatuses, doctors, dental and veterinarians:  included the special furniture for those professions and the utensils of hygiene (such as orthopedic bands, articles of rubber hygiene).

CLASS 11

Facilities of production of vapor:  with exclusion of the parts of machines (class 7) or of vehicles (class 12); ventilation Facilities:  even of air conditioning or of acondicionamiento of air.

CLASS 12

Vehicles:  for the parts of the vehicles, consult you the list of the products;

They are included in the class 12:

•        the motors for terrestrial vehicles;

•        the joinings and transmission belts for terrestrial vehicles;

The motors, joinings and transmission belts for other vehicles are ordered in the class 7;  Apparatuses of terrestrial locomotion:  the fixed facilities of railroad are not understood (class 6).

CLASS 13

This class understands, in a general way, all the pyrotechnic products, except for the matches (class 34).

CLASS 14

Beautiful metals:  with exclusion of:

•        metals in leaves or powdered for painters or decorators (class 2);

•        amalgams of gold for dentists (class 5).

Objects of those matters or plated:  the imitation jewelry articles are understood in this class whenever they don’t have another purpose that the ornament;  for example, the bracelets or necklaces even of diverse matters (plastic).

Some accessories of the dress (such as fasteners, pins, agrafes) they are ordered in the class 26;  consult you the alphabetical list of the products. They are equally understood in the class 14 the objects of brass art;  the objects of art of other matters are classified according to the component matter.

The feathers of writing of gold are orderly in the class 16.

The class 14 understand the cases or other special packing articles equally for watchmaking.

CLASS 15

Music instruments:  included the mechanical pianos and their accessories and music’s boxes.

CLASS 16

Paper and paper articles:  except for exceptions. Consult you the alphabetical list of the products;  cardboard and cardboard articles with exclusion of the cardboards for roofs (class 19); materials for artists:  with exclusion of :

•        The colors (class 2);

•        the tools, spatulas, sculptors’ chisels (class 8).

 CLASS 17

Leaves, badges and bars of plastic matter (semimanufactured products): class 17;  matters that are good to isolate:  that is to say, the electric, thermal or acoustic insulators.

CLASS 18

It doesn’t deserve observations.

CLASS 19

Construction materials:  included the semimanufactured wood (beams, irons, panels, etc.), the wood contrachapadas, the construction glasses (for example, flagstones, glass tiles);

They are not understood in this class:

•        the products to impregnate, to waterproof or to harden the cements or to fireproof (class 1);

•        the colors and varnishes (class 2);

•        the materials of metal construction, such as beams, rails, etc. (class 6);

Soak:  except for exceptions.

Fish:  with exclusion of shoemaker’s black fish (class 3).

 CLASS 20

Furniture:  included the metallic furniture and the furniture for field;  with exclusion of the medical furniture special couple, surgeons and dentists (class 10);

Mirrors:  and furniture mirrors or of dressing room. For the other mirrors.

They are understood in the class 20 the bed articles (for example, mattresses, bedsprings, pillows), with exclusion of the clothes of beds.

The articles of plastic matter not understood in other classes they are ordered in the class 20.

CLASS 21

Small utensils and portable recipients for the house and the kitchen:  for example, kitchen battery, cubes, tin barreños, of aluminum, of plastic matters or of another type, small apparatuses to itch, to mill, to squeeze, etc., with exclusion of those moved electrically (class 7);

Comb and sponges:  as well as all the dressing room utensils, with exclusion of:

•        the kitchen knives of shaving and the razors (class 8);

•        utensils and metal instruments for manicuring and pedicuría (class 8);

•        mirrors (class 20);

Instruments and material of cleaning:  with exclusion of:

•        the preparations to clean, soap, etc. (class 3);

•        the apparatuses moved by a non electric motor (class 7), or for an electric motor (class 9);

Glassware:  not understood in other classes:  the glass for the glasses is ordered in the class 19.

CLASS 22

Strings:  with exclusion of the strings for music instruments (class 15);

Strings, twines:  of textile, natural or artificial fiber or of plastic matter;

Nets:  with exclusion of hairnets of hair (class 26) and of the nets for games (class 28); you spread:  included the campaign stores;  candles:  that is to say, the candles made for ships;  the veils for dresses are included in the class 25;  sacks;  filler matters with exclusion of the matters of filler of rubber foam or of plastic matter (class 17).

CLASS 23

It doesn’t deserve observations.

CLASS 24

Fabrics except for the fabrics understood in the classes 22 and 26;

Blankets:  included the blankets of trips. The blankets heated electrically are orderly in the class 10;  the blankets for horses in the class 18.

CLASS 25

Dress:  with exclusion of the protection dresses against the accidents and of the special dresses for salvage (class 9).

CLASS 26

Ganchillo and eyelets:  for feminine works or for the dress. The zipper closings are understood in the class 26.

Needles:  consult you the alphabetical list of the products. The articles called leónicos (pasamanería) they are understood in to class 26.

CLASS 27

Other products that are good to recover the floors, that is to say, dedicated to be those added, with an acondicionamiento purpose to the floors already built.

•        The papers of papering and similar products for the lining of walls or of walls;

•        the waxed cloths.

 CLASS 28

Games:  with exclusion of letters to play (class 16).

Articles of sports:  whenever they are not understood in other classes. This concept understands, for example, the following articles:

Fishing articles (except for the nets that belong to the class 22).

The apparatuses for sports and diverse games;  the articles for beach and swimming, with exclusion of:

•        the respiratory systems (class 9);

•        bathroom suits and of beach (class 25);

Ornaments and decorations for trees of Christmas, with exclusion of:

•        the spark plugs (class 4);

•        the sweet shop or the chocolate factory (class 30).

 CLASS 29

Meat, fish:  included the mollusks and crustaceans.

Fish and volatería:  with exclusion of fish and alive birds or for the breeding (class 31);

Milk and other milky products:  included the drinks with the help of milk.

CLASS 30

Tea:  except for the national teas (class 5).

Preparations made with cereals:  the prepared cereals for the man’s feeding (for example:  flakes of oat or of other cereals) they are ordered in this class, while the rough cereals and the foods for animals are included in the class 31 (agricultural products, seeds).

They are understood in the class 30 the drinks with the help of coffee, cocoa or chocolate.

CLASS 31

Agricultural, horticultural products:  they understand the cereals non preparations for the consumption and, in general all the products of the earth that have not been object of any preparation, with exclusion of the rice (class 30) and of the tobacco (class 34);

Forest products:  concretely the rough wood.

The wood elaborated semi are orderly in the class 19.

Alive animals:  with exclusion of :

•        the cultivations of microorganisms (class 5);

•        the leeches (class 5);

•        the baits for the fishing (class 28);

•        the crustaceans and mollusks (class 29).

 CLASS 32

They are understood in the class 32 the juices of fruits and the drinks with the help of juices of fruits.

CLASS 33

It doesn’t deserve observations.

CLASS 34

It doesn’t deserve observations.

SERVICES

CLASS 35

This class refers to the services lent by people or organizations whose main purpose is (1) the help in the exploitation or address of a commercial company or (2) the help to the address of business or of commercial functions of an industrial or commercial company.

This class understands the establishments of publicity that take charge essentially from communications to the public, equally of declarations or of announcements by all possible means of diffusion and in connection with all kinds of goods or of services.

Notes:

1. This class doesn’t understand the companies whose primordial function is the sale of goods, that is to say, a commercial called company, but it includes certain secondary aspects of the companies that you/they help her to work as such.

2. This class understands the services that involve the registration, the transcription, the composition, the compilation, the transmission or the systematizing of written communications and of recordings, the same thing that the exploitation or the compilation of mathematical or statistical data.

3. This class doesn’t understand the such services as the evaluations and the engineers’ reports that are not in direct relationship with the exploitation or the address of the matters of a commercial or industrial company.

4. This class understands the services of the agencies of publicity, as well as such services as the distribution of handouts, directly or by mail, or the distribution of samples. This class can refer to the relative publicity to other services, such as those that refer to the bank loans or the publicity for radio.

See you the class 42 for the professional consultations and for the establishment of plans without relationship with the address of business.

CLASS 36

This class refers (1) to the services lent in the financial and monetary matters, and (2) to the borrowed services in connection with contracts of sure of all type.

Notes:

1. The services in connection with the monetary financial business understand what continues:

to) The services of all the bank institutes or institutions in relationships with them, such as agencies of change or clearing services.

b) The services of credit institutes that are not banks, such as cooperative associations of credit, companies financial singular, moneylenders, etc.

c) The services of the investment” “trusts, and of the companies “holding.”corridors of values and of goods.

and) The services related with the monetary matters, assured by fiduciary agents.

f) The borrowed services in connection with the emission of checks of trips and of credit letters.

2. The administrators of properties that take charge of the rent services, or of estimate, or the capitalist partners, they can be ordered in this class;  but for example:  the services should be ordered with the respective services:  for example:  the services of a real estate agent that he/she is in charge of of the repair or the transformation of a building duty to be ordered in the class 37, “Constructions and repairs.”rvices related with the insurance should be ordered in this class, such as the services lent by agents or corridors that are in charge of of sure and the borrowed services to the insurers and the insureds. The subscription services of sure are also ordered in this class.

 CLASS 37

This class refers to the services lent by managers or teachers of works in the construction or the production of permanent buildings.

This class also refers to the services lent by people or organizations that are in charge of first from the restoration of objects to its state or of its preservation without altering its physical or chemical properties.

Notes:

1. The terms of construction” “services in the sense that you/they are given in this class understand the services related with the construction of buildings, with the constructions projected by engineers, such as highways, bridges, preys or transmission lines and to the specialized companies as regards such constructions as those of painters, plumbers, heaters or tejadores.nexed services to the construction services, such as inspection of projects and construction they are understood in this class.

3. The rent of tools or of construction material it is understood in this class.

4. The terms of repair” “services in the senses of this class understand the services that are in charge of of putting any object in good state after the waste, the damages, the deterioration or the partial destruction.s refers, because, to a building or an existent object that it has been imperfect and that one wants to restore to its first condition.

5. This class is foreseen for the diverse repair services, such as those of the field of the electricity, the furniture, the instruments and tools, etc.

6. This class also refers to the conservation services that spread to maintain an object in its original condition without changing none of its properties. For what to be refers to the distinction between this class and the class 40, see you the note (1), class 40.

7. In the sense of this class, the storage of such goods as dresses or vehicles, is not considered as a conservation service:  see you class 39, “Transport and Storage.”ou the class 40 couple the services related with the dry cleaner’s of fabrics or of clothes.

 CLASS 38

This class refers to the services that allow at least to a person to communicate with another for a half sensorial one. These services understand those that (1) they allow a person to converse with other (2), to transmit messages of a person to other, and (3) to put to a person in oral or visual communication with other, (I radiate and television).

Notes:

1. This class understands the services that consist mainly on the diffusion of radio programs or of television.

2. The services of publicity for radio are not understood in this class. For those services, see you the class 35, “Publicity and Business.”ou the class 35 for the services of phone answer, employees as auxiliary of the business.

 CLASS 39

This class refers to the borrowed services when transporting people or goods of a place to other and to the services necessarily related with those transports. He/she understands the transport of passengers and goods for railroad, by lorry, for water, for air or for pipeline.

This class understands the relative services equally to the storage of goods in a deposit or in another building with a view to its preservation or custody.

This class understands the relative following services equally to the transport of people or of goods:

1. Services lent by companies that exploit stations, bridges, ferries (ferries), etc., used by the transport one.

2. Services related with the rent of vehicles of transport.

3. Services related with the marine tow, the discharge, the operation of ports and jetties and the salvage of ships in danger and of their shipments.

4. Services related with the operation of airports.

5. Services related with the packing and packed of goods before their expedition.

6. Consistent services in relative informations to the trips or the transports of goods for corridors and agents of tourism, relative informations to rates, schedules and means of transport.

7. Relative services to the inspection of vehicles or goods before the transport.

Notes:

1. This class doesn’t understand the emission of trip checks or of letters of c interest for corridors or travel agencies. For those services, consult you the class 36, “Sure and Finances.”lass doesn’t understand the borrowed services for the maintenance and repair of vehicles, neither for the maintenance and repair of relative objects to the transport of goods or of people. For those services, consult you the class 37, “Constructions and Repairs.”lass doesn’t understand the relative services to the publicity of the companies of transport, such as the distribution of handouts or the publicity for radio. For those services, consult you the class 35, “Publicity and Business.”lass doesn’t understand the relative services to the insurance (commercial, of fire or of life) during the transport of a person or of the goods. For those services, consult you the class 36, “Sure and Finances.”lass doesn’t understand the reservation of hotel rooms for the travel agencies neither for the corridors. For those services, consult you the class 42 “Diverse.”0

This class not refers to the services enumerated in other classes that are lent for the treatment or the mechanical transformation or chemistry of inorganic or organic substances or of objects.

Notes:

I. The separation line among the class 37 and the present class is the following one:

to) The class 37 understand in principle the repair services that finally have to reestablish an object to their primitive state or to assure their conservation, without modifying their essential properties (for example, the painting of the near a garden, even in color different from the original).

b) The class 40 understand the transformation of an object or of a substance and all treatment that it implies a modification of their essential qualities (for example, the colored of a dress). An entertainment service that is of those understood in the class 37, will be classified in the class 40 if it implies this modification (for example, the one chromed of an automobile fender). The covered services for the class 40 can intervene in the course of production of a substance or of an object anyone (except of a building), for example the services that refer to the cutting, to the figured one and the refined one for abrasion, or to the metallic lining, they are classified in the present class.

II. For the classification necessities, the mark is considered like a mark of service only, in the cases in that the treatment or the transformation is made by bill from another person to who to be restores the substance or the treated object, with the help of a substance or of an object that belongs to another person. For the same classification necessities, the mark is considered like a factory mark, in all the other cases in that the substance or the object is thrown to the trade by who has treated him or transformed.

 CLASS 41

This class refers to the services lent by people or institutions couple the development of the mental abilities of people or animals. These services understand all the forms of individuals’ education or of taming of animals.

This class understands equally, the services that you/they have a good time or that they occupy the attention. These services include those whose essential objective is the entertainment, the amusement or the recess of the individuals.

CLASS 42

This class refers to all the services that have not been possible to order in other classes.

Notes:

1. - They are included in this class the types of following services:

to) borrowed Services facilitating lodging or, lodging and food, for hotels, pensions, tourist camps, tourist homes, farm-pensions, sanatoriums, houses of rest and convalescence houses.

b) Services lent by establishments that take charge essentially of offering foods or even prepared drinks the consumption. These services can be lent by means of restaurants, for self-service restaurants, taverns, etc.

c) personnel’s Services lent by establishments dedicated to satisfy individual necessities. These services can understand the accompaniment in society, the beauty parlors, the funeral or crematory establishments, as well as the hairdresser living rooms.

d) Services lent by people singular or collectively, as long as members and an organization that it demands a high grade of mental activity and he/she refers to theoretical or practical aspects of the human effort, in complex matters. The services lent by those people demand in them a wide and deep university formation or an equivalent experience. Those services lent by such professionals’ representatives as engineers, chemical, physical, etc., they are understood in this class.

and) This class understands the services of travel agencies or of corridors that assure reservations of hotels for travelers. See you class 39, “Transport and Storage” for the services couple travelers lent by agencies or trip corridors.lass understands the services of engineers that take charge of making evaluations, estimates, investigations and reports.

g) This class not understands the services included in other classes lent by the associations to its own members.

•This class doesn’t understand the singers neither dancers that act in orchestras or operas. For those services, see you the class 41. “Education and Entertainment.”ou the class 35 for the professional services of direct help in the operations or work of a commercial company.

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