Argentina: Resolution No. 123/2019 of May 23, 2019, on Supplementing Decree No. 242/2019 of April 1, 2019

July 3, 2019

Argentina: Resolution No. 123/2019 of May 23, 2019, on Supplementing Decree No. 242/2019 of April 1, 2019 was issued by the National Institute of Intellectual Property (INPI), published in the Official Gazette on May 27, 2019, and entered into force on June 3, 2019.

This Resolution provides for supplementary provisions to Decree No. 242/2019 of April 1, 2019, which regulates Law No. 22.362 of December 26, 1980 (the “Trademarks Law”). It provides, inter alia, the following elements:

(i) mandating the filing of a single trademark application for each class of goods or services under the Nice Agreement, and that the Trademark Office (the “TMO”) shall reject applications involving more than one class;

(ii) establishing the filing of a mid-term declaration of use between the 5th and the 6th year of registration counted as from the registration date for all trademark registrations granted as from January 12, 2013, in accordance with Decree No. 242/2019 (providing for the obligation to file a declaration of use that has taken effect from January 12, 2018);

(iii) providing an extension to file the mid-term declaration of use until January 12, 2020; and

(iv) granting a six-month term (a grace period) to file a renewal application, subject to the payment of a fee after the expiration of the registration as from June 3, 2019.

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