Exclusion Of The Suspensive Effect In Trademarks Opposition Cases

Author:Dr. Pablo Palazzi
Profession:Allende & Brea
 
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On December 21st, 2015, the Argentine Executive Power enacted Law No. 27,222, passed by the Argentine Congress on November 25th, 2015, which modifies sections 18 of the Mediation Law No. 26,589 (the "Mediation Law") and sections 16 and 17 of the Trademark Law No. 22,362 (the "Trademark Law").

Section 16 of the Trademark Law establishes a one year term for the applicant to obtain the withdrawal of the opposition or to file court actions against the opponent if the opposition is not settled (fulfilling the pre-trial mandatory mediation proceedings before filing the complaint). The Trademark Office will declare the abandonment of the application if the opposition is not withdrawn or if the applicant did not initiate legal actions against the opponent seeking the court to declare the opposition ill founded within this annual term.

Moreover, section 17 of the Trademark Law establishes that the complaint seeking the court to declare the opposition ill founded must be filed with the Trademark Office and that the Trademark Office haves 10 days to send the complaint jointly with the opposition file to the Federal Courts on Civil and Commercial matters. Lastly, section 18 of the Mediation Law established the suspension of the statute of limitation term due to the initiation of mediation proceedings against the opponent.

Law No. 27,222 modifies section 18 of the Mediation Law excluding the suspensive effects of the initiation...

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