New Trademark Regulations in Argentina
Decree 242/2019, which seeks to clarify certain questions with respect to amendments made in DNU 27/2018, current Law 27444 (which amends, among other laws, Trademark Law 22362), was published on 3 April 2019.
Among other issues, this Decree provides for:
- The registrability of shapes and colors that have unexpectedly become distinguishable and those shapes that are not necessary or common which do not present said registrability.
- Geographic indications expressly recognized by Argentina are included as signs exempted from being registered by third parties.
- The Decree opens up the possibility for a legitimate interest to be demonstrated by any means of evidence.
- The system is aligned with the international trend whereby trademarks are not registered to cover all the goods/services of the class, but only for those which will effectively be used.
- The system for rectifying formal or classification requirements is consolidated.
- The term for replying to replying to inspections of the file and observations processed by the INPI (due to earlier registrations or grounds for non-registrability) is reduced to 30 days. The term is extended to 3 months in the event that the inspection of the file is accompanied by an opposition.
- Issues concerning alternative methods for settling disputes provided thereunder are clarified.
- Issues about the opposition procedure are clarified.
- The Paris Convention is acknowledged with respect to the grace period for paying the renewal fee.
- It is mandatory to submit the declaration of use once registrations have been in force for 5 years. Failure to submit this affidavit will result in the presumption that the trademark is not put to use.
If you would like to learn more about the changes introduced with this new decree, please do not hesitate to contact us.
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