Your Subscription

We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.





Login
Twitter LinkedIn




Login
  • Home
  • About
  • Updates
  • Awards
  • Contact
  • Directory
  • OnDemand
  • Partners
  • Testimonials
Forward Share Print
Obligado & Cia

Trademark rights and comparative advertising

Newsletters

23 September 2019

Intellectual Property Argentina


The popularity of comparative advertising has grown in recent decades. However, it has been historically rare in Argentina due to the uncertainty and risk that it entailed, as there was no specific legislation in this regard until recently.

Since the Trademark Law reserves the exclusivity of trademark use for its owner, legal scholars in Argentina have debated whether the use of trademarks in comparative advertising is prohibited.

With the approval of Emergency Decree 274/2019 on 17 April 2019 (for further details please see "Implications of new unfair competition legislation for IP practitioners"), legislation has, for the first time, addressed comparative advertising in Argentina in a detailed and systematic manner and established when it shall be allowed.

Section 15 of Emergency Decree 274/2019 states that "for the purposes of this Decree, comparative advertising shall be that which explicitly or implicitly refers to a competitor, or their trademark, or the products or services offered by them".

Further, the decrees states that comparative advertising will be allowed if it complies with all of the following conditions:

  • it does not lead to confusion or deception between the advertiser and a competitor, or between the goods or services of the advertiser and those of a competitor;
  • it compares goods and services that satisfy the same needs or have the same purpose, and said comparison is made objectively between one or more essential, pertinent, representative and demonstrable features of said goods and services, which may include price;
  • it aims to inform consumers of the advantages of the advertised goods or services;
  • it does not discredit or defame a competitor's IP or industrial property rights or circumstances;
  • it does not improperly gain advantage over the reputation of a competitor's trademark or the names of origin of a competitor's goods;
  • it does not present goods or services as an imitation or copy of goods or services offered under a trademark or protected trade name; and
  • it is made only with other goods of the same name for goods covered by a name of origin, geographical indication or specific name.

For further information on this topic please contact Daniel R Zuccherino at Obligado & Cia by telephone (+54 11 4114 1100) or email (dzuccherino@obligado.com.ar). The Obligado & Cia website can be accessed at www.obligado.com.

The materials contained on this website are for general information purposes only and are subject to the disclaimer.

ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.

Forward Share Print

Author

Daniel R Zuccherino

Daniel R Zuccherino

Register now for your free newsletter

View recent newsletter

More from this firm

  • Trade secrets legal regime – an updated overview
  • Use of third-party trademarks as keywords
  • New legislation on unfair competition and designations of origin
  • Unfair competition and trademark protection
  • Implications of new unfair competition legislation for IP practitioners

More articles

  • Home
  • About
  • Updates
  • Awards
  • Contact
  • My account
  • Directory
  • OnDemand
  • Partners
  • Testimonials
  • Follow on Twitter
  • Follow on LinkedIn
  • Disclaimer
  • Privacy policy
  • GDPR Compliance
  • Terms
  • Cookie policy
Online Media Partners
Inter-Pacific Bar Association (IPBA) International Bar Association (IBA) European Company Lawyers Association (ECLA) Association of Corporate Counsel (ACC) American Bar Association Section of International Law (ABA)

© 1997-2021 Law Business Research

You need to be logged in to make a comment. Log in here.
Many thanks. Your comment has been sent.

Your details



Your comment or question *