Prohibited terms for tobacco products
On July 21, 2014, the Argentinian National Institute for Industrial Property (INPI) issued Resolution 152/2014 regarding important changes on trademark registrations.
By means of said Resolution, which was published on August 1, 2014 in the Official Bulletin Nº 32.938, the registration of some terms as trademarks under class 34 of the Nice Classification (“Tobacco; smokers’ articles; matches”) has been prohibited. Said prohibited terms are: “Light”, “Mild, “Low content in nicotine and tar“ or similar ones, their combination or the combination with other terms.
Article 13 of Law 26.687 for the Regulation of Advertising, Promotion and Consuming of Tobacco Products, already established the prohibition of the afore-mentioned terms in trademarks. At the same time, article 3 of Law 22.362 for Trademarks and Designations, prohibits the use of signs that may mislead the consumerin trademarks. However, this is a general prohibition.
Hence, the purpose of this Resolution is to specify the class of the Nice Classification affected by this prohibition.