ARGENTINA
TRADEMARK OFFICE PUBLISHED NEW OPPOSITION GUIDELINES
The Argentinian Trademark Office (INPI) published Resolution P-183 providing new legal guidelines for oppositions that will now be decided by INPI. The following are the most relevant aspects
The parties will have a three-month settlement period counted from the notification of the oppositions. If the oppositions are not withdrawn after said period, the opponents will have 15 working days to pay the corresponding official fees and elaborate on the opposition grounds offering proof. Failure of payment entails the automatic abandonment of the opposition, and the writ will only be considered as a mere warning.
After said deadline the applicant will be served notice of any in force oppositions and will be granted 15 working days to respond and offer proof. Evidence: Documental or instrumental evidence must be provided with the elaboration of the opposition and the response. INPI will rule on the need to conduct or provide further non-documental or instrumental evidence and its decision may not be appealed. The deadline to produce evidence will be of 40 working days counted from the date of INPI´s decision. Failure to submit the same will entail its abandonment. After said deadline the parties will have 10 working days to submit arguments.
The parties may inform of a mediation process during the above-mentioned 10 working days deadline by filing a joint writ. In that case, all deadlines will be suspended for 30 working days after which the 10 working days deadline will initiate once again. The parties may inform if a settlement was reach and must provide evidence. Otherwise, the opposition process will continue and INPI will decide on the grounds of the oppositions after said deadline.
INPI´s decision is subject to a judicial appeal that must be filed before INPI within the following 30 working days of its decision together with the payment of its official fees. INPI will be in charge of forwarding the case to the competent Judge.
Once INPI´s opposition decision is firm and final said entity will issue a subsequent decision granting or denying registration. Nullity and forfeiture actions will be decided judicially. In that case INPI will decide the oppositions and keep the file on hold to decide only after said actions have been resolved.
