On May 27, 2019, the Argentinian National Institute of Industrial Property adopted Resolution No. 123/2019. This clarifies the January 2018 Argentine legislation on trademark law of January 2018 and the Decree No. 242/19 of April 2019.
Most notably, this Resolution modifies some deadlines and administrative proceedings.
First, trademark owners are required henceforth to file a sworn declaration of use of the trademark, between the fifth and sixth years after its registration date. This obligation is effective for trademarks registered on or after January 12, 2013. It should be noted that an additional period of time to file this declaration has been granted until January 12, 2020 for trademarks registered between January 12, 2013 and January 12, 2014.
Filing this declaration of use is also required to renew a trademark. Otherwise, the trademark will not be renewed until this has been done, and related penalties have been paid. In addition, it is possible since June 3, 2019 to file a trademark renewal application within 6 months before the expiration of the trademark and until 6 months after that date. However, if the request for renewal is made within the period of 6 months after expiration of the trademark, the mark will only be renewed if it does not infringe the rights of third parties in good faith.
Finally, deadlines for responding to the Office’s official actions have been modified. The deadline for responding to an official action, or to appeal a decision, is now 30 days from the publication of the action in the Trademark Gazette (with the exception of opposition proceedings deadlines). It is, however, possible to first extend this period by 10 days, then by an additional 5 days, subject to the payment of fees.
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