New extension of mandatory quarantine to curb COVID-19. ARPTO extends deadlines until June 7, 2020

The quarantine, in effect from March 20th, has been extended until June 7th. In addition, the Supreme Court of Justice has decreed a judicial recess until that date.

On the other hand, the National Institute of Industrial Property (ARPTO) extended the suspension of all deadlines that were in effect as of March 12th until June 7th, 2020. The ARPTO will have its online filing system open and active for any filings.

During this time our office will operate remotely and we will be able to assist you without interruptions.

New extension of mandatory quarantine to curb COVID-19. ARPTO extends deadlines until May 24, 2020

The quarantine, in effect from March 20th, has been extended until May 24th. In addition, the Supreme Court of Justice has decreed a judicial recess until that date.

On the other hand, the National Institute of Industrial Property (ARPTO) extended the suspension of all deadlines that were in effect as of March 26th until May 24th, 2020. The ARPTO will have its online filing system open and active for any filings.

During this time our office will operate remotely and we will be able to assist you without interruptions.

New extension of mandatory quarantine to curb COVID-19. ARPTO extends deadlines until May 10, 2020

The quarantine, in effect from March 20th, has been extended until May 10th. In addition, the Supreme Court of Justice has decreed a judicial recess until that date.

On the other hand, the National Institute of Industrial Property (ARPTO) extended the suspension of all deadlines that were in effect as of March 26th until May 10th, 2020. The ARPTO will have its online filing system open and active for any filings.

During this time our office will operate remotely and we will be able to assist you without interruptions.

New extension of mandatory quarantine to curb COVID-19. ARPTO extends deadlines until April 26, 2020

The quarantine, in effect from March 20th, has been extended until April 26th. In addition, the Supreme Court of Justice has decreed a judicial recess until that date.

On the other hand, on April 13th, 2020 the National Institute of Industrial Property (ARPTO) extended the suspension of all deadlines that were in effect as of March 26th until April 26th, 2020. The ARPTO will have its online filing system open and active for any filings.

During this time our office will operate remotely and we will be able to assist you without interruptions.

Argentina Govt. extends mandatory quarantine to curb COVID-19. ARPTO extends deadlines until April 12, 2020

The quarantine, in effect from March 20th, has been extended until April 12th. In addition, the Supreme Court of Justice has decreed a judicial recess until that date.

On the other hand, on April 2nd, 2020 the National Institute of Industrial Property (ARPTO) extended the suspension of all deadlines that were in effect as of March 12th until April 12th, 2020. The ARPTO will have its online filing system open and active for any filings.

During this time our office will operate remotely and we will be able to assist you without interruptions.

Argentina Govt. decrees mandatory quarantine to curb COVID-19. ARPTO extends deadlines until April 03, 2020

The quarantine, which restricts people to their homes, will be in effect from March 20th until March 31st. In addition, the Supreme Court of Justice has decreed a judicial recess until that date.

On the other hand, on March 17th, 2020 the National Institute of Industrial Property (ARPTO) issued Resolution No. 16/2020 suspending all deadlines that were in effect as of March 12th until April 3, 2020. The ARPTO will have its online filing system open and active for any filings.

During this time our office will operate remotely and we will be able to assist you without interruptions.

“All the goods/services in the class” no longer allowed as specification for new trademark applications

By means of Resolution No. 288/2019, the president of the National Institute of Industrial Property has resolved that, from November 15th, 2019, new trademark applications specifying “all the goods/services in the class” or similar will no longer be allowed and the application will be rejected altogether.

Therefore, from that date on, applicants filing new trademark applications in Argentina will have to specify the goods and/or services for which they seek trademark protection.

As for the grounds of this resolution, it is indicated that “the individual selection of goods or services facilitates competition in the market since it prevents the applicant from taking up protection over all the goods or services in a class, which in many cases are not used in commerce.”

Please do not hesitate to contact us should you require further information about this matter.

TMO Resolution on Amendments to Argentina Trademark Law

On May 27, 2019 the Argentine TMO issued Resolution No. 123/2019 (the “Resolution”) implementing some provisions of Regulatory Decree No. 242/19 of the recently amended Trademark Law.

The following are the most important aspects to take into account:

Mid-Term Declarations of Use (MTDoU): The requirement of submitting a sworn Mid-Term Declaration of Use (MTDoU) is for registrations that have been granted as from January 12, 2013. Note that failure to submit said affidavit shall be construed as lack of use of the mark, unless proof to the contrary, and the TMO will be entitled to declare the lapsing of the registration (either ex officio or as a result of a caducity action brought by a third party).

The MTDoU must be filed between the 5th and 6th anniversary of the registration date. Otherwise, a fine fee for each year of non-payment will apply. However, the TMO has established a special extension of time ending on January 12, 2020 to comply with this obligation, which will apply to the cases for which the term to submit the MTDoU either had already expired or will expire before that date.

Renewals: As from June 3, 2019, the term for filing renewal applications will go from six (6) months prior to the expiration date of the registration to six (6) months after it.

The customary sworn DoU required for renewing registrations applies as usual.

Note, however, that in case that the MTDoU had not been filed in due time, the application for renewing the trademark will not proceed until this requirement is fulfilled and the fine fees are paid.

Terms and extensions of time to respond to official actions (OA): with the exception of the special terms applicable to the administrative opposition process, the terms to file a reply to an OA or for filing an appeal against a decision by the TMO will be of thirty (30) days counted from the notification of the same in the Trademark Gazette. A ten-day and a final five-day extension of time will be available through the payment of the corresponding official fees.

ARPTO introduces the “Prioritized Patent Examination Program (PEP)”

By means of I.N.P.I.’s Resolution No. 112/19, the National Patent Administration has created the “Prioritized Patent Examination Program” (PEP), in force as of June 07, 2019.

Said program will be applicable to patent applications that comply with the following conditions:

a) Must have been first filed in Argentina;

b) Must have been published in the Official Patent Gazette;

c) The period for third parties to file objections must have elapsed;

d) Substantive Examination fees must have been paid;

e) The Substantive Examination cannot have been performed; and

f) No other similar fast-track examination request for the same application exists.

Having complied with the requirements set forth in the Resolution, the Patent Office will decide about whether the prioritized examination request is admissible within sixty days counted from the request.

Please do not hesitate to contact us should you require further information about this matter.

New Regulatory Decree of Amended Trademark Law

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.