Argentina’s legislative power recently modified its trademark law. The modification, among other issues, includes the obligation to submit a Mid Term Declaration of Use of the trademark, after the fifth year from the trademark registration (the “Mid Term Declaration of Use”). In the Mid Term Declaration of Use of trademarks in Argentina, the owner of said trademark must specify which products and/or services the trademark distinguished..
On June 3 of the same year, the National Institute of Industrial Property (INPI) issued Resolution 123/2019, which complemented said section of the Law, establishing the procedure for the presentation of the Mid Term Declaration of Use.
Here are the main points of this new regulation.
Who should file the Mid Term Declaration of Use of trademarks in Argentina?
According to Resolution 123/2019, owners of trademarks registered in Argentina from January 12, 2013 on must comply with the presentation of the Declaration.
What is the consequence of not filing the Mid Term Declaration of Use of a Registered Trademark in Argentina?
The lack of presentation of the Declaration produces, on one hand, the presumption that the registered trademark was not used. Although the lack of it and the presumption that it entails admit proof to the contrary, third parties could request the total or partial expiration of the registered trademark.
On the other hand, the failure to present the Declaration generates the obligation to pay an additional fee, which accumulates year after year, until the time of renewal. Subsequently, to renew the trademark, the payment of the accumulated fees and the Declaration of Use will be essential requirements.
Do you need to file the MTDU in Argentina?
If the date indicates that you have to present your Trademark’s MTDU, contact us so that we can advise you in this regard.