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Monday, 18 October 2021

Patricia Covarrubia

Collective Marks - a follow up

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From Argentina our friend (member of the IPTango community) Claudio Iglesias Darriba writes:

In Argentina, since 2008, the Collective Trademark Act (Law 26.355) provides that the registration of collective trademarks is free of charge before the Argentinian Instituto Nacional de la Propiedad Intellectual INPI (art. 14). In addition, it provides that oppositions against these trademarks pay double the tariff provided for common commercial trademarks (art. 10).

Aside, the Act contains an advanced provision for its time: it provides for the possibility of filling a collective mark through the multi-class system. This is because it was not until the 29th March 2019, that the Argentinian Government issued Decree No. 242/19 regulating provisions of the amended Trademark Law opened the possibly to file “multi-class” trademark applications in Argentina.  

In accordance to the Act, collective marks are defined as those signs that distinguish products and/or services made or provided by associative forms aimed at the development of the social economy. (art. 1) In addition, the Law’s Regulatory Decree (Decree 1384/2008), provides that collective marks are applied to indications of cultural, ethnic, historical, anthropological origin and any other that serves for the better differentiation of products and services. (art. 1) 

A friendly hand
by Jesús Dehesa 
The Collective Trademark Act establishes that the Ministry of Social Development must provide free and specialized assistance during the registration procedures for collective trademarks (art. 15). Besides,  according to the Law, the ministry together with the National Institute of Industrial Technology, and the National Institute of Agricultural Technology, shall facilitate access to quality programs, training and technical assistance for holders and users of collective trademarks, which ensure better processes and products, and better socio labour conditions (art 16). 

The numbers - applications 
These figures developed strongly since 2009, reaching more than 350, both urban and rural, until 2016, when a change in government administration led to a decrease in its use as an instrument of social promotion. Yet INPI confirmed that there are 718 collective marks and the last one recorded was in 2018. Currently, they are expected to resume their boom with the arrival of the new government authorities. 

Collective Marks - a tool
Every year, Las Huellas del Vino, a well-known collective trademark from the city of Lavalle (in the Province of Mendoza) organises an international event attended by dozens of homemade wine makers and hundreds of people (more info here, and this 'From Mendoza to the world: Lavalle exports its know how about homemade wine' here

Thanks Claudio for this insight . IPTango members, is this something that is  happening in your jurisdiction? I remember Ecuador also run a project like this for national geographical indications (GI)- any one else out there? 

Patricia Covarrubia

Patricia Covarrubia