What happens to a trademark when its owner dies?

First of all, let's determine what kind of good a brand is.

The Commercial Code is clear in establishing that trademarks or commercial distinctives, like invention patents, are COMMERCIAL THINGS, (Art. 5 C.Com.), and as such, they are goods, objects of commerce.

Commercial things are those that are the object of commercial legal relationships, that is, those that are  in commerce, available to users or consumers and therefore they are also the object of acts of commerce, purchase and sale, or object for the provision of services.

Upon the death of a person, as in any succession, the process of transferring the right to registered trademarks or trademark applications can begin. The purpose of this process is the transmission, in favor of his heirs or legatees, of the rights and assets that the person had at the time of death. Art. 31 Law on Trademarks and Other Distinctive Signs.

If the owner of the registered trademark dies, it can only be transferred to the appropriate party, through the succession process, either by order of a judge or through notarial procedures for acceptance of inheritance.

It must also be considered that the trademark registration or its registration has a validity of ten years that can be renewed for equal periods indefinitely, only by the owner. However, when the trademark is not renewed within the deadlines established by legislation (one year before the expiration date or six months later with a surcharge Art. 22 Trademark Law) The administrative expiration of the registration will be declared. Therefore, due to the possible expiration of the registration, upon the death of the owner, it is advisable to begin the transfer process as soon as possible.