The trademark opposition system in Argentina allows any person with a “legitimate interest” to oppose to the registration of a trademark. If the opposition is presented in a timely manner, the trademark registration process is stopped until it is solved. In 2018, Law No. 27,444 modified the trademark opposition system in Argentina.
Read below the most frequent concerns regarding the opposition system in Argentina.
When are oppositions filed with INPI?
In the trademark registration procedure, once the application is submitted to the National Institute of Industrial Property (INPI), and provided that it complies with all the required formalities, the trademark application is published for a day in the Trademarks Bulletin for any third party to file an opposition.
The term established by the Trademark Law to file oppositions is 30 (thirty) calendar days counted from said publication.
What is the time granted to amicably solve an opposition to the registration of a trademark?
The term for the friendly resolution between the parties is 3 (three) months from the date of notification of the opposition.
How does the process of registering my trademark continue after receiving an opposition?
The filing of oppositions in the trademark registration in Argentina interrupts the process. After the opponent files the opposition INPI notifies both parties, through a publication in the trademarks bulletin. INPI grants the parties a period of three (3) months to negotiate an amicable solution to the conflict.
What happens if the parties do not reach an agreement?
Once the 3-month period has elapsed without the parties having reached an agreement, the INPI notifies the opponent, so that within 15 (fifteen) business days they present or expand the grounds for the opposition, offer evidence and pay an official additional fee to ratify the opposition. If the opponent does not pay the fee, that brings down the opposition and it is then considered a “call of attention”.
Once the opposing party pays the fee and the term of 15 (fifteen) days expires, the INPI will notify the trademark applicant regarding the current opposition and the grounds. So said applicant within 15 business days can file a defense and offer any evidence deemed necessary.
In both cases, the documentary and instrumental evidence must be accompanied by the mentioned writs. The other means of evidence offered, if accepted by INPI, must be produced within a period of 40 business days. This period is equal for both parties.
Once the proof period expires, INPI gives the parties a common period of 10 working days to file the final arguments. After that, the Trademark Office decides whether the opposition is legit or not.
Can INPI’s resolution be appealed?
Yes, INPI’s resolution can be appealed before the Federal Civil and Commercial Court of Appeals of the Buenos Aires capital. The appeal must be filed within 30 business days of notification of the resolution.
How do I proceed with an opposition?
Have you received an opposition to your registration trademark process? Contact us to receive IP professional advice.