An opposition is a request file by a third party that objects that a trademark is registered. The Trademark opposition system in Argentina has its own particularities that we will tell you about below.
The period is of thirty (30) calendar days from the publication date. Read more in this post about the trademark registration process in Argentina.
According to Argentina’s Trademark Law, any third party with a legitimate interest can file a trademark opposition. For example, someone that has a previous registered trademark similar to the one filed.
From 2019 on, once the opposition is filed, the Trademarks Office notifies the applicant and gives both parties a 3 (three) months period to negotiate. Afterwards, if an agreement is not reached, the Office requires the opponent to decided whether the opposition is maintained. In case the opposition is maintained, then an administrative procedure is open. The decission made by the Office is appealable before the Federal Court.
If you require a trademark attorney in Argentina or legal advise regarding trademark registration in Argentina, contact us.
