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Decree No. 242/2019 of April 1, 2019, on Approval of the Regulation of Law No. 22.362 of December 26, 1980, on Trademarks and Designations
Published in the Official Gazette on April 3, 2019, and entered into force on June 3, 2019.
This Decree repeals Decree No. 558/81 of March 24, 1981, and regulates Law No. 22.362 of December 26, 1980 (hereinafter the “Trademarks Law”). It provides, inter alia, the following elements:
(i) establishing the classification of goods and services for trademarks according to the Nice Agreement;
(ii) granting trademark registration to signs that have acquired distinctiveness, including shapes and colors;
(iii) refusing registration of trademarks consisting of national or foreign geographical indications expressly recognized by Argentina;
(iv) implementing the new third-party trademark opposition procedure established by Resolution P-183/2018, which entered into force on September 17, 2018, and reducing the deadline for withdrawal of oppositions from 12 to three months;
(v) requiring the filing of a sworn declaration of use for all trademark registrations registered for five years, as from January 12, 2018, affecting trademark registrations granted as from January 12, 2013 (January 12, 2018 is the date on which Decree No. 27/2018 of January 10, 2018 entered into force to amend the “Trademarks Law”). Failure to file this declaration will presume the lack of use of the trademark, and any renewal application will not be granted until the declaration and late fees are submitted; and
(vi) establishing the procedure for the cancellation of trademark registrations and for non-use cancellation actions. Until the time that such procedure is established, Law No. 19.549 of April 3, 1972, on Administrative Procedure is applicable.
Resolution No. 123/2019 of May 23, 2019, on Supplementing Decree No. 242/2019 of April 1, 2019
Issued by the National Institute of Intellectual Property (INPI), published in the Official Gazette on May 27, 2019, and entered into force on June 3, 2019.
This Resolution provides for supplementary provisions to Decree No. 242/2019 of April 1, 2019, which regulates Law No. 22.362 of December 26, 1980 (the “Trademarks Law”). It provides, inter alia, the following elements:
(i) mandating the filing of a single trademark application for each class of goods or services under the Nice Agreement, and that the Trademark Office (the “TMO”) shall reject applications involving more than one class;
(ii) establishing the filing of a mid-term declaration of use between the 5th and the 6th year of registration counted as from the registration date for all trademark registrations granted as from January 12, 2013, in accordance with Decree No. 242/2019 (providing for the obligation to file a declaration of use that has taken effect from January 12, 2018);
(iii) providing an extension to file the mid-term declaration of use until January 12, 2020; and
(iv) granting a six-month term (a grace period) to file a renewal application, subject to the payment of a fee after the expiration of the registration as from June 3, 2019.
Source: WIPO
