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Argentina: mandatory affidavit of medium-term for registered trademarks comes into force

affidavit , argentina , Trademarks
27 June, 2019

From June 3rd, 2019, every owner of a trademark that has reached 5 years must -before the 6th year- file an affidavit of use specifyng which products and/or services have been distinguished with the same.

 

– Implementation of medium-term use declaration.

Non-submission of the declaration will produce the following effects:

  • It will be presumed that the trademark has not been used. This presumption admits evidence to the contrary. However, the lack of a declaration and the presumption that it entails, could allow third parties to request the total or partial revocation of the registered trademark, thereby being able to encourage litigation.
  • It will generate a surcharge that will accumulate year after year until the moment of renewal. Subsequently, in order to renew the trademark, the payment of the accumulated fees and the declaration of use will be required in order to renew a trademark registration.

A declaration stating that the trademark has not been used, also complies with the obligation of declaration of medium-term use, in the sense of informing about the situation of the trademark in the market so avoiding surcharges. Subsequent use – even after the declaration – will also serve to challenge a revocation action.

This “declaration of medium-term use” must be filed in respect of all trademarks granted as of 12th January 2013. In the event that the trademark registrations to date have already completed the 6th year or are soon to do so, a grace period has been granted and expires on January 12th, 2020.

– Extension of the renewal period

In addition, the renewal term of trademarks has been extended, so that now the owner can request such renewal within a grace period of 6 months as of the expiration date.

 

If you are interested in registering trademarks in Argentina, please contact us at ip@alessandri.cl

Carla Pacheco

Senior Associate Alessandri

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