On 3 June 2019 the Decree 242/2019 will enter into force that amends the Trademark Law of Argentina. New rules are essential both for those persons who are only planning to register a mark in this country and for the owners of already registered marks.

Major innovations

Among the key novelties the following ones should be mentioned:

– registration of natural or its own color and the form of a product is no longer prohibited if they have acquired a distinctive character;

– the Trademark Law stipulates that the registration of the national or foreign appellations of goods origin is prohibited. The Decree clarifies that the mentioned prohibition covers only those geographical indications that are directly recognized by the Government of Argentina;

– the period for filing the response to the request of examination on classification of goods and services in the application was reduced from 30 to 10 working days;

– the period for filing the response to the provisional refusal to register a trademark was reduced to 30 calendar days. If in addition to the refusal of examination the third party filed an objection against registration of a mark, it is necessary to file the response to the filed objection within 3-months period respecting, at the same time, 30-days’ time frame for filing the response to the objection of examination;

– now, between the 5-th and the 6-th years of the validity of the registered trademark it is necessary to file a declaration on the use. If the declaration on the use was not filed, the application on prolongation of the validity of a trademark in the 10-th year is not accepted. If a trademark was not used before the period from the 5-th to the 6-th year (for example, the use of a trademark started in the 8-th year after registration) it will be necessary to file the application on prolongation together with the application to give evidence under oath in Argentina as well as to pay the relevant official fees.

If you wish to register a trademark in Argentina or if you have any questions regarding legal protection of intellectual property in this country – please, contact our experts who will be glad to help you.

Author: Viktoriia Germasheva

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