Trademarks news in Argentina
Starting from June 2019, the new law on intellectual property in Argentina came into force.
Major highlights:
-
The 6-month grace period has been introduced for renewal of the trademarks beyond the renewal date.
It will be possible to renew the trademarks from 6 months before and within 6 month after the renewal date.
-
Another important regulatory change is the introduction of the Trademark Declaration of Use, which must be filed within 05 years from the date of registration of a trademark (between the 5th and 6th year of registration). This obligation will apply to all the registrations granted or renewed in the period from 12 January 2013 and on.
It will be sufficient to file a Declaration without any supplementary evidence of use of the trademark.
No cancellation of a trademark will result from failing to submit a Declaration, but the trademark will be exposed to non-use cancellation actions. This irregularity can be remedied by beginning of the use of the mark itself. The Declaration of use will be a necessary requisite to proceed with the renewal of the trademarks.
Update by Adv. Francesca TRECCANI