When does the 10-year trademark protection period start? Spain and Argentina: Two very different approaches

In the field of trademark law, both in Spain and Argentina, the duration of protection granted to a registered trademark is ten years. However, the starting point for calculating this period differs in each legal system, resulting in relevant practical implications.

Under Spanish law, the validity of a trademark begins from the filing date of the application with the Spanish Patent and Trademark Office (OEPM), as established by Trademark Law 17/2001. This means that, once the trademark is granted, its protection is retroactively applied from the date of submission. Additionally, during the registration process—which can take between 12 and 20 months—the applicant benefits from so-called “provisional protection,” a mechanism recognized by Spanish regulations and aligned with European Union law. This provisional protection allows the applicant, among other things, to claim compensation for damages caused by third parties.

In Argentina, on the other hand, the ten-year term begins from the date the trademark is granted by the National Institute of Industrial Property (INPI), in accordance with the Trademarks and Designations Law (Law No. 22.362). At first glance, this may seem more beneficial to the Argentine trademark holder, since the ten years begin to run only after the administrative procedure is completed, effectively extending the protection period.

However, the Argentine system does not include a mechanism equivalent to the above-mentioned “provisional protection” under Spanish law. As a result, legal certainty during the initial stage appears to be lower in Argentina than in Spain. In conclusion, Spanish law provides effective protection from the moment the application is filed, through the mechanism of provisional protection, while the Argentine system offers a longer protection term in chronological terms, but with limited legal protection during the registration process.