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16 April 2007
In October 2006 Senator Marina Riofrio proposed a bill to the National Congress introducing specific regulations pertaining to collective and certification trademarks. Although such marks are not forbidden by existing provisions, they are not expressly regulated by national legislation.
Collective trademarks distinguish the goods or services of members of the organization which owns the mark as meeting a level of quality, geographical origin or other characteristics set by the organization.
Accordingly, a collective trademark can be used by a variety of traders, rather than just one party, provided that the trader belongs to the organization that owns the trademark, which usually implements regulations related to the use of the mark with which members must comply. Examples of such associations are chartered institutes, trade associations and educational institutions.
Certification marks indicate that the goods or services identified by the mark meet certain standards, usually imposed by the owner, with respect to origin, material, manufacture of goods or performance of services, quality or other characteristics.
Such marks are designed to certify that the goods or services covered meet established standards set out by a certifying body.
Collective trademarks differ from certification trademarks, in that the former may be used by particular members of the organization that owns them, but the latter may be used by any party which complies with the standards defined by the owner of the particular certification trademark.
The bill introduced in Congress proposes that every application concerning collective trademarks should be filed alongside a regulation for use, which should at minimum provide:
In connection with certification trademarks the bill also envisages the submission of a regulation upon filing setting out a number of matters, including:
If passed, the bill should increase the use of collective and certification trademarks in Argentina.
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