Latest Updates: Industrial Property Reform In Argentina

Author:Mr Martín Bechara Arcuri
Profession:Clarke, Modet & Co
 
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Presidential Decree for Red Tape Reduction and Simplification - Industrial Property Reform in Argentina

Further to our previous report regarding Debureaucratization and Simplification Presidential Decree No. 27/2018 , INPI has issued Regulation P-001 which introduces some details and clarifications to the new rule

Trademarks:

Administrative resolution of oppositions: Any oppositions not voluntarily withdrawn by the opponent within 3 months from notice, shall be decided upon by the Trademark Office by a procedure that is still to be established. The time limits applied to already notified oppositions (a period of one-year according to the previous rule) remain valid. Any oppositions not notified up to the present date will fall under the new terms.

Office Decides on Lapsing and Nullity of Trademarks: The Trademark Office will have the power to decide, within the administrative stage, the nullity or lapsing of trademarks, either ex-officio or by request of a third party. Administrative decisions will be appealable before the relevant courts. Partial Trademark Lapsing: The Trademark Office may decide the partial lapsing of a trademark for lack of use. Decisions may be appealed at Court within 30 days of notification Declaration of Use of Mark: Upon completion of the fifth year of registration of a trademark, the applicant must submit an affidavit regarding use up to that moment. However, regulations establishing the procedure to be followed are still to be issued. Multiclass System: It seems that the multiclass filing system will be adopted. However, it is still to be regulated. Industrial Models and Designs:

Handcrafted designs included: Models now include not only industrial products but also handcrafted ones. Filing of multiple applications and divisional applications: Applicants may file up to 20 models or designs in a single application as long as all of them are applied to or incorporated into products that belong to the same class. The Office may require the division of a single application into two or more divisional applications as considered appropriate. Any divisional applications will retain the filing date of the original application as well as its invoked priority date. Filing requirements for designs: Filing of a description of the model or design is now optional. Renewal and grace period: They may be renewed within 6 months prior to expiration, or, for an additional fee, within a 6-month grace period after expiration. Appeal in case of...

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