The Argentine Trademark Office has regulated, on April 1st, 2019, the recent amendments introduced to the Trademark Law. One of the most important aspects is that registrations will remain valid if the mark is used in connection with the goods and services it protects, or with related or somewhat linked goods and services, even if they are classified in a different class. In addition, as set forth in section 26 of the Law, the submission of a sworn declaration of use of the trademark in Argentina will be required between the fifth and sixth year of its registration.
Failure to submit the affidavit shall be construed as lack of use of the mark, unless proof to the contrary and the Trademark Office will be entitled to declare the lapsing of the registration (either ex officio or as a result of a caducity action initiated by a third party). Also, if the fees are not paid within the indicated period and a proprietor intends to renew the trademark, a fine will have to be paid for each year of non-payment.
Therefore, we strongly recommend filing the sworn declaration as stipulated by the Law and its regulatory decree.
The amended Trademark Law refers to the obligation of submitting the sworn statement of use for marks that reach their 5th anniversary of registration. However, it is not clear whether the submission of the mid-term declaration for marks that have been on the Registry for more than five years prior to the date the Law came into force (January 12, 2018) will be required, and the TM Office is expected to clarify this matter in the coming weeks. We will inform as soon as these clarifications are made.
Please do not hesitate to contact us should you have any query about this or any other matter.