Regulation of the new opposition system in Argentina. INPI Resolution P-183/18.Posted on 23/07/2018 by balder
On July 19, 2018, the Argentinean Trademark Office has published in the Official Gazette the Resolution Nº P-183/2018. The main purpose of said resolution is to regulate the new trademark opposition system contained in Law 27.444 which ratified the contents of the Decree 27/2018. The main amendments regarding the new opposition proceeding will be the following:
- Term to amicably obtain the withdrawal of the opposition
Once the APTO notifies the opposition to the applicant, the latter will have a term of 60 running days plus 3 months to try to amicably obtain the withdrawal of the opposition received.
- Ratification, reinforce of arguments and offer evidence by the opponent
In the event that there was no possibility to amicably solve the opposition, at the end of the above-mentioned term, the APTO will notify and provide to the opponent an unextendible 15 working day term for the ratification of the opposition, reinforce its arguments and offer all the evidence which support the opposition.
For such purpose, the opponent will have to pay an official fee of AR$ 8.500. If the official fee is not timely paid, the APTO will disregard the opposition and will consider it as a mere out of term filing in the understanding that the opponent has lost interest in the opposition.
- Notification of the oppositions to the applicant and offer of proofs and filing of response by applicant
Then, the APTO will notify the opposition to the applicant. Once the applicant is notified, he will count with an unextendible 15 working day term to submit a response against the opposition and offer its evidence. No official fees have to been paid for this instance.
- Filing of Evidence
Meanwhile, the APTO will decide which evidence will be accepted and will establish the term for their filing (which cannot exceed 40 working days). At the end of the term for submitting the evidence, the APTO will notify each party that a common 10 working day term will start running for the filing of a summary plea.
- Decision by the APTO and eventual Appeal
Finally, the APTO will decide if the opposition is grounded or not and an appeal can be filed against that decision, within a 30-working day term counted as from the APTO’s notification of the same. The appeal must be filed before the APTO which thereafter, will deliver the corresponding file to the to the Federal Chamber of Appeals.
The new proceeding for the resolution of oppositions shall be in force as of September 17, 2018 and shall be applicable to all pending oppositions which have already been notified by the APTO and wherein an amicable settlement has not been achieved.
We will maintain you duly informed concerning the developments related to this new legislation. As soon as any news worth reporting takes place, we will revert to you with the corresponding information.