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.