Changes in the Trademark Opposition and Invalidity procedures in Argentina
Argentina’s Trademark and Patent Office (INPI) has approved a new regulation for the resolution of invalidities and revocations of trademarks by means of resolution 270/2019, which will be effective on December 9. The main changes are highlighted below:
Invalidity of Trademarks
- The invalidity upon request shall only be appropriate when a subjective right has been affected, whereas the ex officio one shall take place when any irremediable serious mistake is detected.
- In the event of considering the invalidity of the trademark in the context of an opposition, it shall no longer be resolved in court, but by administrative means.
Revocation of Trademarks
- It is stipulated that the revocation shall only be appropriate against registered trademarks that are more than 5 years old.
- For the ex officio revocation, the following conditions must be verified:
- The trade mark has not been used in the previous 5 years;
- The proprietor has not filed the midterm sworn declaration (Art. 26 of the Trademark Law);
- It is not a well known trademark in the terms of the Paris Convention and TRIPS;
- The proprietor does not have an identical trademarks registered in a related class or; if he has, he has also not filed the declaration of use for it if he had to.
- The partial revocation can be filed from June 12, 2023.
- When the revocation is considered within the context of an Opposition, it will also be by administrative means. In turn the National Trademark Directorate may refuse the revocation request when the corresponding requirements are not fulfilled.
Furthermore, both in revocation and invalidity procedures, the proprietor of the affected trademark must reply and offer evidence within a period of 15 working days.
Likewise, the proprietors of trademarks the invalidity or revocation of which has been considered will have a period of 15 working days to reply and offer evidence. The subsequent resolution of the National Trademark Directorate may be appealed by the means established in the Regulations of Administrative Procedure Law and can be judicially appealed without exhausting the administrative means.
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