The resolution establishes a new fee for applicants with pending oppositions that will condition the granting of new trademarks.

On July 23, the Argentine Patent and Trademark Office issued Resolution 295/2024, which modifies the trademark opposition resolution procedure in the country. Its objective is to speed up this procedure by reducing the significant number of pending oppositions accumulated by the office, some of which are due to the loss of interest of the applicants for the trademarks.

Here are the key changes introduced in the new measure:

• A new fee is introduced in the opposition resolution procedure. The value of the new fee is ARS 8,900 (approximately USD 8,83 at the current exchange rate) to be paid by applicants who wish the Argentine Office to decide on pending oppositions that were timely maintained by the opponents. This fee must be paid within 15 working days following the notification of the oppositions that remain in force and only once per trademark application, regardless of the number of oppositions received.
• Mandatory payment. Article 2 bis now provides that applicants for new trademarks who wish to obtain the resolution of ongoing oppositions must pay the new fee within the prescribed period. Failure to pay will result in automatic rejection of the application without prior notice.
• Transitional measures. A transitional clause establishes that the Argentine Patent and Trademark office will demand payment from applicants who did not respond to the oppositions duly maintained. A weekly list of these cases will be published in the Trademarks Bulletin requiring payment within a non-extendable period of 15 working days.

To clarify any doubts about the implications of this new resolution or if you need advice on the management of your trademarks in Argentina, please contact María Luisa Santa María mlsantamaria@clarkemodet.com or Verónica Kapovic vkapovic@clarkemodet.com.