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Trademark Cancellation in Argentina Legal Core Group

What is the cancellation of a registered trademark in Argentina?

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?

What is the cancellation of a trademark?

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.

How do you request the cancellation of a registered trademark in Argentina?

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.

In which cases the cancellation of a trademark may be requested?

The cancellation only proceeds against those trademarks that were registered at least five (5) years before the cancellation request.

Who can request the cancellation of a trademark?

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.

What is the cancellation request process like?

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.

Can the declaration of cancellation of a trademark be appealed in Argentina?

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.

Can you file for partial cancellation of a trademark in Argentina?

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.

You haven’t registered your trademark in Argentina yet? Start the registration process today.