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New Trademark Registration Procedure in Argentina

by | Sep 16, 2018 | Companies

Trademark Protection in Argentina is governed by Law No. 22.362, as amended, and the administrative resolutions issued by the Trademark Federal Agency (Instituto Nacional de la Propiedad Industrial or INPI). Following, you will find a brief description of the upcoming timeline that will be in force as of 17 September 2018:

•         Once filed, the INPI will publish the application for one day in the Trademark Gazette;

•         Within 30 days after above said publication, the INPI will conduct a background search and rule on its registrability;

•         Third parties´ oppositions must be filed within 30 days as of the publication;

•         As from notification of the hypothetical oppositions, the applicant has a 3-months term to negotiate the lifting of the oppositions;

•         If the opposition has not been lifted upon expiration of said 3-months term, the opponent will have 15 business days to maintain the opposition, pay the relevant official charge, and file additional supporting grounds and pieces of evidence to back the opposition;

•         Provided the opposition is maintained, the INPI will serve the applicant with the current oppositions, granting a 15 business days term to answer each of the pending oppositions and to file evidence;

•         Discovery will be conducted within 40 business days;

•         Once the discovery period is closed, the parties may file final reasons to be considered by the INPI when solving the dispute;

•         The INPI´s ruling on the oppositions may be challenged before the Federal Court of Appeals within a 30 business days term.

Mario E. Castro Sammartino

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Our publications exclusively express the author´s opinion and do not purport to be legal counsel on any case. Should you need it, you must consult with your trusted lawyer.

 

 

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