Scope of protection

Law No. 22362, as amended, governs trademarks in Argentina (hereinafter, the Trademark Law). Under the Trademark Law, ownership of a trademark is granted through registration with the Patent and Trademark Agency (in Spanish “Instituto Nacional de la Propiedad Industrial”, or hereinafter the INPI). For registration purposes, Argentina adopted the International Goods and Services Classification (Nice Classification.

Trademark registrations remain in effect for ten years and can be renewed indefinitely for subsequent ten-year periods. Renewal is contingent upon the trademark having been used in connection with the sale of a product, the rendering of a service, or as a trade name in all cases within the five years preceding each expiration date.

Trademark registrations may be renewed six months before the expiration date or up to six months after.

Oppositions to registry applications

The applicant has three months to agree with the opponents, if any, after receiving official notice of third-party oppositions from the INPI. If no agreement is reached, the INPI notifies the opposing party, which has the right to ratify the opposition. The opposition process will come to an end in the absence of ratification.

Both the applicant and the opponent are allowed to offer further justifications and proofs for their respective assertions and conclusions.

The Federal Court of Appeals will hear appeals from the INPI’s decision on the merits of the oppositions.

Mid-term declaration of use

If a trademark has been used, a mid-term sworn statement of use must be submitted between the fifth and sixth year after the trademark’s registration. There are additional official charges for each year of non-compliance in the event of a late filing. The mid-term declaration of use must be submitted to avoid the rebuttable inference that the mark has not been used, which leaves the registration open to cancellation requests from third parties for non-use.

Non-use cancellation proceedings

If a trademark hasn’t been used in connection with the products or services covered by the registration or on connected goods or services for five years, it may be totally or partially canceled for non-use. The INPI, acting directly or at the request of third parties, hears non-use cancellation proceedings. The trademark owner has fifteen working days after receiving notification to reply and provide evidence of use. The INPI will then render a ruling, which the Federal Court of Appeals will review on appeal. If non-use cancellation is sought

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