Argentina’s Trademark Law establishes the requirement to use the trademark to preserve the exclusivity rights granted by its registration. As a consequence, a trademark registered in Argentina may face a cancellation request from a third party.
What is the cancellation of a trademark in Argentina?
The cancellation of a trademark is when a registered trademark has not been in use within the last five (5) years and as a consequence of the lack of use, its registration is canceled. In Argentina, the National Institute of Industrial Property declares the cancellation through an administrative process.
The cancellation of a trademark is requested before the National Institute of Industrial Property (INPI) and it is subject to the payment of an applicable fee.
The cancellation only proceeds against those trademarks that were registered at least five (5) years before the cancellation request.
Anyone (i.e. company/individual) with a legitimate interest can request the cancellation and must prove that their rights are affected by the maintenance of the registry.
Once the cancellation process begins, the owner of the trademark receives a notification and has a period of fifteen (15) business days to answer and submit the evidence he considers appropriate. Once the owner answers the notificaiton or the term expires, the INPI reaches a decision.
Yes, you can appeal the resolution that declares the cancellation of the trademark within thirty (30) business days from the notification through direct appellation before the National Court of Appeals in Civil and Commercial Federal Matters.
Even though the law allows to file for partial cancellation of a trademark (i.e. some products or services), this will enter into force on June 2023.
Conclusion
In conclusion, the cancellation of a trademark implies that the INPI declares it extinguished due to lack of use. If you need advice on trademark cancellation in Argentina, contact us.
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