Resolution 295/2024: Amendment to the Regulation for the administrative instance of opposition resolution
On July 23 of the current year, Resolution 295/2024 (hereinafter the ‘Resolution’) was published in the Official Gazette of the Argentine Republic, issued by the National Institute of Industrial Property (hereinafter the ‘INPI’), which modifies Resolution INPI No. P-183/13 (Regulation for the administrative instance of opposition resolution). The Resolution modifies the opposition process by creating a fee for a trademark applicant who has an opposition and wishes to continue with the processing of the file until the decision of the INPI. The objective of the regulation is to expedite the resolution of trademark disputes, avoiding the wastage of resources in applications in which the applicants are no longer interested.
Based on the existence of thousands of pending files before the Opposition Resolution Unit, the Resolution establishes the following stipulations, among others:
- Fee: Creation of the fee corresponding to ‘Administrative Resolution of Pending Oppositions – FEE TO THE APPLICANT – ART. 2° BIS of Res. 183/18’, which must be paid by the applicant only once for each trademark registration application, regardless of the number of ongoing oppositions.
- Effects of non-payment: Inclusion of Art. 2° BIS in Annex I to Resolution INPI No. P-183/13. This article establishes that new trademark applicants who are interested in having the National Directorate of Trademarks resolve the oppositions filed against their registration application and that are still in force, must pay the fee within the deadline to respond to the maintained oppositions. Failure to pay will result in the denial of the application without further processing.
- Ongoing files: Inclusion of a transitory clause for all opposition resolution processes that are pending, without the respective resolution opinion being issued, and in which it is found that the applicants have failed to respond to the opposition. This clause states that the National Directorate of Trademarks will urge the applicants to pay the fee within 15 business days, under penalty of denying the application.
- Deadline nature: The regulated deadlines are final and cannot be suspended or extended.
For more information, access the Resolution through the following link.
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