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2020

Argentina

THE FIRM AND COVID-19 / SPECIAL SECTION ON OUR WEBSITE

Estudio Villano has just created a Special Section with IP, PORTS, TRANSPORT, JUDICIARY and BUSINESS regulations set forth in: ARGENTINA -- THE REST OF THE WORLD

You may freely access the current legal information directly by reaching us at:

www.estudiovillano.com

We are making our best efforts to keep it updated.

Should you wish to voluntarily contribute sending legal regulations from your country please write a message to info@estudiovillano.com or to jvillano@estudiovillano.com

lf you need further information or details do not hesitate to contact us. The Firm is fully operative.

NEWSLETTER

March 2020

The Firm announces its expansion to Asia!

Please take notice of our commercial/ address in China

international IP Law Section in English

TM Developments In Argentina. Recent regulations

IV- ARGENTINA

IP and COVID-19. Suspension of terms by the INPI

INDEX

international IP Law Section in English

TM Developments In Argentina. Recent regulations

INPI's Resolution Nº 123/19 (implementing Decree 242/19) simplifies and speeds-up the procedures for trademark (TM) registration and renewal, among other practica! aspects. They are effective as from June 3, 2019 and these are the main features.

Modification of the terms

The 10 year period of renewed trademarks will be counted as from the renewal due date of the registration being renewed.

The INPI (National Trademark Registration Office) will be entitled to allow the partial registration of a trademark application .

The period to answer objections issued by the INPI due to formal defects is shortened to 10 working days.

The period to answer an office action issued by the INPI on the basis of the substantive analysis of a TM application is 30 days. These time extensions are available: 1° extension: 10 calendar days, 2° extension: 5 days.

If in addition to the objections raised by the INPI the application has received oppositions, the term to file a response is 3 months.

Mid-Term declaration of use

It is now required the filing of an affidavit between the fifth and the sixth year as from the registration date. It is mandatory far all TM granted as of January 12, 2013. Renewal applications shall not be accepted if the 5th-year declaration of use is missing.

It will be possible to file the affidavit of use later on. Yet, as of January 12, 2020, the Trademark Office will require the payment of additional official fees far each year in breach of the obligation to file the affidavit of use.

If the TM has been used in Argentina the 5th-year use declaration should be filed and the official fees must be paid.

If the TM has not been used in Argentina is subject to a potential partial or total non-use cancellation action either ex officio by the Trademark Office or at the request of a third party .

And to proceed with the renewal of a trademark registration the INPI shall accept a mid-term declaration of "non use".

TM renewal

Renewal applications may be filed within 6 months, prior to or after the renewal due date of the registration.

Cancellation actions based on non-use of the TM

Non-use cancellation actions of any type, seeking either the partial or complete cancellation for lack of use of a trademark registration, should be filed with the INPI. The INPI still has to establish the procedure for these cases.

Source: already published on HG.org LEGAL Resources at:

LINK HERE

More amendments

Resolution No. 288/2019 of October 21, 2019, of the National Institute of Industrial Property -INPI entered into force on November 15, 2019, to simplify trademark application procedures and optimize INPI resources.

The Resolution:

  1. provides for the implementation of the international classification tool "TMClass", and the European Union Intellectual Property Office (EUIPO) harmonized database; and
  2. establishes supplementary provisions to Resolution No. 123/2019 of May 23, 2019, of INPI, which regulates Decree No. 242/2019 of April 1, 2019, on Approval of the Regulation of Law No. 22.362 of December 26, 1980, on Trademarks and Designations that:
    1. mandate trademark applicants to detail the distinguishable characteristics of products and services in applications filed via the international trademark classification system (Nice Agreement), and preclude the use of the term "whole class"; and
    2. require the completion of forms for trademark applications, trademark renewals and oppositions electronically through the INPI web portal.

Source: www.wipolex

ARGENTINA

IP and COVID-19. Suspension of terms by the INPI

by Dr. Julio César Villano Estudio Villano (Argentina) www.estudiovillano.com jvillano@estudiovillano.com

Buenos Aires City, March 19 2020

Due to the COVID-19 pandemic the National Patent and Trademark Office of Argentina (Instituto National de la Propiedad Industrial, INPI) set forth the suspension of legal terms in all the proceedings related to trademarks, patents, utility models and industrial design matters, effective from March 12, 2020 to April 3rd 2020.

Source INPI's web page: www.inpi.gob.ar

Should you need further information or details do not hesitate to contact us, the Firm is fully operative.

ESTUDIO VILLANO

Tel / Fax: ( +54 11) 4312 7501 / 5236 2663

Direct Fax (+ 54 11) 4312 8270

25 de Mayo 578 - 4º Floor - C1002ABL

Buenos Aires City – Argentina

No constituye asesoramiento legal. Nota a la versión electrónica: conforme art. 16 de la Ley 25326 dejamos constancia de su derecho a ser eliminado del banco de datos utilizado para enviar el presente. Para ello puede Ud. enviar un correo electrónico indicando como Asunto "REMOVER", o solicitarlo al Estudio telefónicamente o por fax.

This is not legal advice. Should you wish not to receive the next version please send us a fax or an e-mail and state "REMOVE" in the reference, and the Firm will act accordingly. Thank you.

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