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Amendments to Trademark Laws

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Jan 30, 2018 (Newsletter Issue 2/18)
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Substantial Amendments in Trademark Law

On January 16, 2018, the Argentine Patent and Trademark Office (PTO) issued Regulation No. P-001/2018. It partially implements Decree No. 27/2018.

The Decree 27/2018 of January 10, 2018, (here in after the “Decree”) amends certain articles of the current Law of Trademarks and Designations (Law No. 22,362), the Law of Patents and Utility Models (Law No. 24,481), and Decree-Law No. 6673/1963.

Key amendments on trademarks are the following:
- Filing of oppositions at PTO shall be submitted electronically.
- If the parties fail to reach settlement within a 3 months period (previously 12 months) as of the date the applicant is notified of the opposition, the PTO will issue a decision after the parties undergo an administrative proceeding that has still to be outlined. Decisions issued by the PTO will be subject to appeal before the Federal Court of Appeals within 30 working days.
- The PTO will have the authority to decide on the cancellation and lapsing of trademarks in accordance with the regulations that are still to be issued. In what respects cancellation of trademarks, exception is made of any cases involving piracy or bad faith.
- The PTO will have the authority to issue cancel registrations on a partial basis (on the grounds of non-use), with respect to products or services that are unrelated to the products or services for which the trademark has been used, creating a limit for defense trademarks. PTO’s decisions on any trademark cancellations will be subject to appeal directly before the Chamber of Appeals mentioned above.
- Submission of a sworn declaration of use will be mandatory between the fifth and sixth year from registration.

The published Regulation provides that those terms that were already running at the time the Decree was issued and which are provided for in days will remain unchanged (Art. 1). Concerning terms in months or years, the shorter term applies, keeping in mind that the terms in Decree No. 27/2018 began to run on January 12, 2018 (Art. 2).

For example: Under the prior system, the term for responding to office actions in the preliminary examination was 180 days, which has now been reduced to 30 days; accordingly, the 180-day term running when the Regulation became effective remains unchanged, and the new 30-day term applies only to office actions notified after the Regulation became effective.

For more information on the substantial amendments, please check the note of our Country Index partner from Argentina here

Source: O'Conor & Power, Argentina, Marval, O'Farrell & Mairal, Argentina and Herrero & Asociados, Spain