On July 31, 2024, the National Institute of Industrial Property of Argentina officially issued Resolution No. P-295/24, which aims to further optimize the trademark opposition process and enhance its efficiency.
Previously, in accordance with the provisions of Trademark Law No. 22362, if the opposition is not withdrawn within three months after the issuance of the opposition notice, the subsequent administrative litigation proceedings will be handled by the National Trademark Office. During this process, regardless of whether the opponent maintains their position, corresponding fees must be paid. However, the trademark administration department has observed that numerous trademark applicants often adopt an indifferent or passive attitude upon receiving the opposition notice, which not only prolongs the opposition processing period but also imposes additional financial burdens on administrative agencies and opponents.
To effectively curb resource waste and promote the efficient and timely advancement of the trademark opposition process, the new resolution introduces an important measure: trademark applicants must pay an additional "administrative fee for the validation of opposition" of 8,900 pesos (approximately US$9.43) for each newly submitted trademark application. This fee is intended to demonstrate the applicant's proactive approach to potential opposition proceedings. Failure to fulfill the payment obligation within the prescribed period will be deemed as the applicant automatically abandoning their trademark registration application, and the Trademark Office will reject their registration request accordingly.
For trademark applications that have already entered the opposition processing stage, the new resolution also imposes strict time limits: applicants must complete the payment of the administrative fee for the validation of opposition within 15 working days after receiving the notice. Those who fail to pay within the deadline will also be deemed to have abandoned their trademark application rights, and the Trademark Office will reject their application in accordance with the law.
Information sources:
1. https://www.argentina.gob.ar/sites/default/files/p-295-24.pdf
2. https://www.lexology.com/library/detail.aspx?g=0086b044-4203-4055-a9eb-eefdd5054f81
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