Further to our March 2018 report on Amendments to Argentina’s Industrial Property law, the Argentina Trademark Office (“INPI”) issued resolution No. P-183 governing trademark opposition proceedings, the key provisions of which are:
- The INPI will notify applicants of any opposition notices on expiration of the opposition period.
- Applicants then have three months to negotiate with the opposer to withdraw the opposition.
- At the end of the three-month term, if the opposition is not withdrawn, the opposer has 15 business days to ratify the opposition, pay the opposition fee, supplement the opposition grounds, and submit relevant evidence.
- Applicants will then have 15 business days to file an answer and submit evidence.
- All other evidence must be submitted in a 40 business day term and evaluated by the INPI.
- The parties will be given 10 business days to file final allegations. During this time, the parties may jointly request a 30-day suspension to explore mediation, conciliation, or other alternative dispute resolutions. On expiration of the suspension period, a new 10 business day term will be allowed for the filing of final allegations.
- The INPI will then issue its administrative decision.
- The INPI decision may be appealed to the National Court of Appeals in Civil and Commercial matters within 30 days.