We recently discussed amendments to the Argentinean trademark
law
here. Subsequently, on October 8, 2019, the Argentine National
Institute of Industrial Property (INAP) issued Resolution No.
279/2019 and corresponding annexes, which introduce new procedures
for invalidation and non-use cancellation actions, and relevant
fees.
The main impact of INAP's Resolution is that invalidation
and non-use cancellation actions may now be decided by INAP, and
need no longer be filed before a court. However, appeals of
INAP's decisions must still be brought before the judicial
courts. However, if an applicant raises either an invalidity or
non-use cancellation motion against a registration that has been
asserted in an opposition proceeding, these actions will be decided
by the same entity that decides the opposition, namely the
Administrative Resolution Proceed of Oppositions (ARPO), rather
than the NTD.
