PROSECUTION GUIDELINES

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Hague Agreement on Industrial Designs: NO.

Law 354, on Patents, Utility Models and Industrial Designs. TRIPS.

1 year.

YES, provided that all embodiments refer to products included in the same Locarno class.

• 3 graphic or photographic reproductions of the design (if two-dimensional, the reproduction may be replaced by a sample of the product incorporating the design).
• Designation of the products the design will be applied to, with the class and subclass to which they belong.
• Assignment document.
• Power of Attorney.

YES.

YES, by request of the applicant, any time prior to the publication order. The Office will defer publication for the time specified in the request, which may not exceed 12 months from the filing date of the application.

• Filing.
• Formal examination.
• Publication.
• Opposition.
• Substantive examination.
• Decision.
• Certificate of registration.

NO. Third parties –or even the applicant- may, at any time before a final decision is issued, file comments and documents that may be relevant to the case. The Office then notifies the applicant thereof and issues a decision within a 2-months term from the date on which the comments and documents were notified to the applicant -except if the applicant is filing the comments and documents or requests that proceedings are resumed, before that period expires-. The filing of comments does entail the stay of proceedings. Such comments do not give rise to litigation either, and the one who files them does not become party in the procedure.

8-12 months.

5 years, plus 2 renewal terms of 5 years each.

• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Madrid System: NO.

Law 380 of Trade Marks and other Distinctive Signs of 2000, amended by Law No. 1024 on 3 April 2020.

Nice classification, 10th edition.

YES.

Words or a group of words, advertising slogans and phrases, letters, numbers, monograms, shapes, portraits, labels, coats of arms, designs, cartoons, borders, lines and stripes, and combinations and arrangements of colours, sounds or other perceptible signs such as smells.

• Power of Attorney duly notarized and legalized within 2 months from the application date.
• Certified copy of priority application and its translation into Spanish within 3 months from the application date.

• Absolute grounds for refusal: YES.
• Relative grounds for refusal: YES.

30 Working days from publication, with the option to extend it once, for 15 additional working days. The extension must be requested before the original 30 day period expires.

Approximately 10 months, unless any obstacles were raised.

10 years from the date of registration.

YES. Cancellation can be requested if the trade mark has not been used for 3 years, counting from the registration date. Partial cancellation is possible.

1 year prior to renewal date.

6 months.

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• Contracting Party of The Paris Convention: YES.
• Contracting Party of The Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months.

Patent Law 354/2000 (modified by Law 574 and Law 634).

• Patent of Invention.
• Utility Model.

NO.

• Power of Attorney duly notarized and legalized within 60 days from office action.
• Information on how the applicant acquired the right to the invention, that is, by employment relationship or contract or assignment (NO supporting documents required). Within 2 months from notification.
• Assignment document from the inventors duly notarized and legalized (which may be substituted by a sworn declaration by the representative) within 60 days from office action.
• Certified copy of priority application within 90 days from office action (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).

NOT available.

YES, within6 months from publication.

NO.

YES, at any time prior to grant.

NO.

3-4 years.

20 years from filing date.

10 years from filing date.

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.

Yearly; also during prosecution of the application.

NOT mandatory.

YES.

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