Patents
Argentina: New Decree – Changes Trademarks & Patents
We would like to inform you about a new decree issued by our Executive authorities looking for optimization and modernization of administrative procedures in the Trademarks and Patents Office.
In case this decree is approved, the Trademarks and Patents Office will be in charge of regulations needed to make it possible to apply the changes.
Notwithstanding the above, here are the main changes that may affect the local procedures.
*On one hand, a special electronic domicile should be stated before the Industrial Property Institute which requirements should be regulated by said Institute.
TRADEMARKS
The main change refers to the oppositions:
- The term to negotiate with the counterpart now is only three months.
- After said term, instead of mediation procedures and court actions, the TMO would decide on the objections that have not been withdrawn.
- The TMO would have to issue the regulation that have to include the chance for the opponent to expand the grounds of the opposition and the chance for both parties to file proofs to base their positions, in order to protect defense rights of both parties. The resolution issued by the Examiner would be subject of appeal before the Judicial court of appeal.
- Cancellation and nullity actions that are now in jurisdiction of the Courts, would be in the hands of the TMO. This office ex oficio or at the request of a third party would decide on eventual nullity and cancellation actions and only these decisions would be subject of appeal before Judicial courts of appeal.
- Partial cancellation based on non- use is now applicable if the mark was not being used in the last five years at least in the commercialization of related products or in services or as commercial name.
- There is a new requirement: An affidavit of use of the mark would have to be submitted between the fifth and sixth year of granting of the mark.
PATENTS
- The priority document as well as the POA are not mandatory but can be requested by the Patent Office.
- Most of the procedural terms would be reduced from 90 days to 30 days. (i.e. to fulfil the filing requirements).
- The deadline to pay the examination fees would also be shorten from three years to 18 months.
INDUSTRIAL DESIGNS
- With this decree it is possible to submit up to 20 designs is a one application, as long as included in the same Locarno Classification class.
- Photographs and/or digital reproductions can be filed instead of designs.
- Grace period of six months for the renewal of the designs after deadline would now be feasible. In addition to the chance of the applicant to request the postponement of the publication of their application for six months.
We must emphasize that this Decree includes innumerable modifications to other entities and this is being questioned by several sectors. We cannot disregard unconstitutional actions against the regulations.
On the other hand, we inform that meetings are being held with the National Institute of Industrial Property authorities, whom indicated that they consider the Decree as in force since January 12, 2018, and that they are working to issue the regulations that are needed.
We expect to receive news related to the issue of this regulations and promise to keep you duly posted.
As usual, you can contact us via any of our media channels or directly to our email: gatti@gattiasoc.com.ar
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